Drug Charges Lawyer in Riverside, CA. Drug crimes in Riverside, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from prescription medications 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.
You need representation that will fight for your freedom. You need Riverside, CA's premier criminal defense legal team defending your rights. You need the Law Offices of David S. Chesley.
Our local Riverside drug charges lawyers are ready for your case today. We will listen to you explain your side of the story, explain your best options, and fight for the best deal or other outcome in your case. To start fighting the charges, call our legal team at (800) 755-5174 or set up a free, confidential consultation right away.
Riverside, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about how a Riverside, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, effective defense tactics against all sorts of charges, and the intersection between drug charges and DUIs in Riverside.
To learn about a particular 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 Riverside, CA
- Common Drug Types and Potential Penalties
- Different Types of Drug Crime Allegations in Riverside, CA
- How Drugs Can Affect DUI Charges in Riverside
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Crime FAQs
- Contact Your Riverside, CA, Drug Charges Attorney Now
- Every Drug Charge Our Firm Will Fight Against
Why You Need a Drug Charges Lawyer in Riverside, CA, NOW
If you've been accused of a drug crime in Riverside, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning you're risking felony consequences.
The first reason you should contact a drug charges lawyer right away is to help you interpret the law. A simple possession case looks very different from a possession-for-sale case, and your defense attorney should have strategies to fight against whatever you've been accused of.
The second reason to get in touch with a local Riverside, CA, drug charges lawyer first thing in your case is to stop yourself from making a mistake. When you say the wrong thing to a state representative, what was once just a possession charge could now be a trafficking charge. A drug charges defense 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. Acting fast gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if the evidence is in your favor.
Common Drug Types in Riverside, CA, Legal Cases:
When you work with a Riverside, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. In the following section, we've listed what types of drugs we most frequently defend charges for in Riverside, CA.
| 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. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant which can cause intense effects Long term use can dampen the brain's reward pathway. |
| 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. The state tends to impose harsh penalties in heroin cases. |
| 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 accusation you're facing. 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 substance and amount 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.
- 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 Riverside, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, legalizing its recreational use.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in Riverside, CA, most often have more to do with how it was used, rather than just that it was used. As an 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
- In most cases, adults over 21 can grow up to six marijuana plants for recreational purposes
- Still illegal to use or possess under federal law.
How Your Riverside, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, our attorneys are ready for your case. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, 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 Riverside, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Riverside, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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 Riverside, 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 Riverside, 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: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine has its own specific statute in HS 11377. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
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. On top of fighting the charges, your drug defense attorney can help you explore plea deals, if they make sense for your case.
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). If convicted, you are looking at an even harsher sentence — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Riverside, 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 one thing connects them together: They don't exist on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Riverside, 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. What sets these apart is that you're fighting against the federal government instead of the local Riverside prosecutor.
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. If you're accused of this, you're up against truly severe penalties, 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 seasoned criminal defense lawyer with the resources to match the United States government. Our firm will conduct investigations, look for legal loopholes, dissect the case against you, and make every effort to secure a positive outcome for your case.
The Intersection Between Drug Charges and DUIs in Riverside, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be arrested 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 facing this type of charge, you don't just need a drug charges lawyer. You also need a skillful Riverside, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
What to Look For in a Drug Charges Lawyer
When picking a drug charges lawyer in Riverside, CA, to take your case, it can be a challenge trying to decide the right person to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to find in your drug allegations defense attorney:
- Vast Experience defending clients in your situation
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Positive Outcomes versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
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 know judges and attorneys throughout California. And we have delivered many victories for our clients.
We will always be honest with you about the state of 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 Riverside, CA, are identical, and you should have a tailored defense plan to match.
Our attorneys treat every client as an individual. Below are some of the possible 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.
- Somone Else's Drugs: 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 law enforcement agent coerced you into breaking a drug law, you cannot be held liable for doing so.
- 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 Riverside, CA, reach out to an attorney at our offices for immediate help.
Riverside, CA, Drug Charge Diversion Options:
Riverside has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Riverside, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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 a very desirable outcome for many people facing drug charges. If you participate in this, you can expect to participate in 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, which took effect in December 2024, changed California's approach to repeat drug offenses. It's important to understand that this is a different, newer law than the Proposition 36 passed in 2000, and 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, including up to three years in custody. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Riverside, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
How a Drug Conviction in Riverside, CA, Affects Immigration Status
For immigrants in Riverside, 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.
The federal government can initiate removal proceedings for most drug convictions, with 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 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.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is normally enough to qualify for removal, 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 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 has a constitutional duty to tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because immigration consequences are triggered by conviction, not just sentence, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder fighting a drug case, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense Frequently Asked Questions
If my drug charges are dismissed, can anyone still see them?
An arrest can appear on some background checks even without a conviction. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be able 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. You are not required to answer any self-incriminating questions during an interrogation. Be respectful to the police, but do not provide any information besides your identity, and request counsel right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Riverside, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though eligibility depends on the specific charge and your record. 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. 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.
Is a first-time drug possession charge a felony in Riverside, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Riverside, CA
These charges need to be treated seriously Your freedom is important, and it depends on working with the right attorney. Our team is ready to stand by your side.
The Riverside, 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.
Our firm can also assist you with the following legal services in Riverside, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Riverside drug crimes defense attorney now at (800) 755-5174 or tell us about your case online to set up a free, confidential 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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