Drug Charges Lawyer in Rialto, CA. There are a wide variety of drug laws you can be charged with breaking in Rialto, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from marijuana to fentanyl. Regardless of the type of substance or specific law you're accused of breaking, on your own, you're staring down massive punishments if convicted.
Stop these charges before it becomes a worst-case scenario. You need Rialto, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Rialto drug charges lawyers know the ins and outs of California drug laws. We will give you honest advice, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, contact our lawyers at (800) 755-5174 or use our contact form right away.
Rialto, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Rialto, CA, drug charges attorney can do to defend you, different types of charges you might face, 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 learn about a specific topic, you can use the links in the following menu to jump ahead and learn more:
- What Your Rialto, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Possible Penalties
- Categories of Drug Crime Allegations in Rialto, CA
- How Drugs Can Affect DUI Charges in Rialto
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Rialto, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Rialto, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Team Will Fight Against
The Importance of a Rialto, CA, Drug Charges Lawyer
If you've been accused of a drug crime in Rialto, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you can always face an extended stay in jail.
The first reason you should work with a drug charges lawyer as soon as possible is to help you understand the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your drug defense attorney should understand how to defend against whatever you've been accused of.
The second reason to contact a local Rialto, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. A drug charges lawyer can advise what to share and what not to share with the state.
Finally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention prevents the state from getting a lead on you, and we can even move to dismiss charges if the evidence is in your favor.
Rialto, CA, Drug Types and Their Penalties:
When picking a Rialto, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. 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 | 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. This affects the brain's ability to process serotonin. |
| 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 natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. 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. |
Potential legal consequences vary significantly based on substance, quantity, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. As an overview:
- 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific drug 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.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Rialto, 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, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) charges in Rialto, CA, frequently have more to do with how it was used, rather than just that it was 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
- Still illegal to use or possess under federal law.
How Your Rialto, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, we are ready for your case. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in Rialto, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Rialto, CA. We help defendants fight against all kinds of drug crime allegations. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Rialto, CA. All illegal chemicals can fall under this umbrella, and these charges can apply regardless of where the drugs were physically at, as long as you controlled them.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your Rialto, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 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
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 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: 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). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Rialto, 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 stand 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 Rialto, 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 the U.S. government is prosecuting you, not just the Rialto district attorney.
These can include anything from trafficking to drug smuggling, 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, up to and including life imprisonment 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's prepared to match the federal prosecutor. Our team of attorneys will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a favorable result for you.
DUIs and Drug Charges Defense in Rialto, CA
Drug cases often intersect with another type of case in Rialto, CA: DUIs. Drug DUI defense cases cover a wide range of circumstances, including everything from driving while high on marijuana to prescription drug usage. 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 this type of charge, you need more than a drug charges lawyer. You also need a skillful Rialto, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Rialto, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Rialto, CA, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug defense attorney:
- Extensive Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Reputation of Delivering Positive Outcomes 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, our firm fulfills all of these requirements. We have over 50 years of combined legal experience, including working for the district attorney's office. We offer legal services throughout California. And we have delivered many victories for Californians.
You can trust us to always be upfront with your case, and you can talk to us 24/7 if you need anything from our offices.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. No two cases in Rialto, CA, are identical, and you should have a customized defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Didn't Belong to You: 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 law enforcement agent coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If someone's accused you of a drug crime in Rialto, CA, contact our firm for immediate help.
Rialto, CA, Drug Charge Diversion Options:
Rialto has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Rialto, 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 a very desirable outcome for many people facing drug charges. It generally involves drug education classes, sobriety requirements, 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 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 2024 law, 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, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. The law also increased potential penalties for large quantities of certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Rialto, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
For immigrants in Rialto, CA, you might have to defend yourself against removal as well as criminal charges — 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 single offense involving possession of 30 grams or less of marijuana for personal use. 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.
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 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 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 to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are a non-citizen 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.
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 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. 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 a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in Rialto, 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 immigration-aware counsel handling both the criminal case and any later cleanup.
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. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in Rialto, CA?
For most first-time possession cases in Rialto, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in Rialto, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Rialto, CA
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on working with the right law firm. Our team is ready to stand by your side.
The Rialto, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have former prosecutors on our team who know how the state builds its case. We will always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Rialto, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Rialto drug defense attorney now at (800) 755-5174 or tell us about your case online for a confidential review of your charges.
Drug Charges Our Lawyers Fight in Rialto, 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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