Drug Charges Lawyer in Riverside, CA. Whatever drug accusations you're facing in Riverside, CA, it's not an easy thing to handle. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from prescription medications to opioids. But they all share one thing in common: Major legal consequences.
You need someone who can guide you to a positive outcome. You need Riverside, CA's leading criminal defense law firm defending your rights. You need the Law Offices of David S. Chesley.
Our local Riverside drug charges lawyers know the ins and outs of California drug laws. We will listen to you explain your side of the story, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To begin building your defense, reach out to our law offices at (800) 755-5174 or ask about a free case review online now.
Riverside, CA, Drug Charges Lawyer: Page Summary
Below, 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 more.
If you want to read about a specific topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- The Importance of Working With a Drug Charges Lawyer in Riverside, CA
- Riverside, CA, Drug Types and Their Penalties
- Categories of Drug Crime Allegations in Riverside, CA
- Intersections Between Drugs and DUIs in Riverside
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Riverside, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Riverside, CA? Call the Law Offices of David S. Chesley Today
- All the Drug Charges Our Lawyers Fight Against
The Importance of a Riverside, CA, Drug Charges Lawyer
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 need a drug charges lawyer immediately is to explain the charges. A simple possession case shouldn't be treated the same as a drug trafficking case, and your defense attorney should understand how to defend 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 protect yourself from mistakes. If you say something incorrect in an interrogation, the charges could be elevated and the state's case strengthened. A drug charges defense attorney can help you talk to police the right way, instead of incriminating yourself.
Additionally, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we act early enough.
Riverside, CA, Drug Types and Their Penalties:
When you work with a Riverside, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. In the following section, you can read about 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 | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| 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 | A highly refined type of opioid. 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. |
Sentences vary significantly by the type of drug, quantity, any prior convictions, and the act you're being accused of. As a general framework:
- Simple possession of most controlled substances is typically charged as a misdemeanor, punishable by up to one year in county jail, though certain substances and circumstances can elevate this.
- 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 cases are particularly harsh: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- 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 help you find a strategy to minimize negative consequences.
Marijuana in Riverside, 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, allowing it in recreational circumstances.
Since local laws allow for limited use, marijuana (AKA cannabis) cases in Riverside, 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
- Typically, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Riverside, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, 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 defends a wide variety of drug charges in Riverside, 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
The most common drug charges in Riverside, CA, are often those related to possession. They cover a wide range of substances 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 Riverside, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine is instead covered by 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 charges are almost always treated more harshly than possession/use charges. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
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. For these felony charges, 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). These charges carry longer exposure — 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 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 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 production to transportation to running a drug ring, but most often 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.
It's hard to think of many charges worse to face than this. And you need a an experienced criminal defense lawyer who has the strength to match the federal prosecutor. Our team of attorneys will conduct investigations, look for legal loopholes, dissect the case against you, and do whatever we can to secure a favorable result for your case.
Riverside, CA Drug Charges and DUIs
Drug cases often intersect with another type of case in Riverside, CA: DUIs. Drug DUI defense cases cover a many different situations, 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 only has a "zero tolerance" law people who are underage).
When up against this type of charge, you don't just need a drug charges lawyer. You also need an expert Riverside, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI accusations, you only have ten days after an arrest to request a hearing.
Top Riverside, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Riverside, CA, it can be a challenge trying to decide the right person 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 look for in your drug allegations defense attorney:
- Prior Experience defending clients in your situation
- Personal Experience as a prosecutor
- Relationships with prosecutors and judges in your local county
- A Reputation of Delivering 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, we embody each of these qualities. We have over five decades of combined courtroom experience, including former prosecutors. We offer legal services throughout California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can talk to 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 Riverside, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to match.
Our attorneys treat every client as an individual. Below 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: In some cases, you can't be convicted if you broke the law on accident. For example, if police found illegal drugs in your car, but they weren't yours, and you weren't aware of them, you didn't transport them, legally speaking.
- Didn't Belong to You: 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 rare cases, if an undercover officer 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're looking for a drug charges lawyer in Riverside, CA, get in touch with one of our lawyers today.
Riverside, CA, Drug Charge Diversion Options:
Riverside has diversion and treatment options available — be sure to ask your Riverside, 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 a very desirable outcome for many people facing drug charges. 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 helps you avoid 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 rules, 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, 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 heightened potential drug crime sentences, depending on the quantity and type of substance, and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Riverside, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, advocate for that path where it's available, and fight to keep a conviction off your record.
How a Drug Conviction in Riverside, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Riverside, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — 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 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 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 ordinarilly grounds for deportation, 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 is required to inform you about these immigration implications prior to entering your plea. Our firm works hard to find outcomes — such as a plea deal for a different offense, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because a criminal record can bring immigration consequences regardless of the sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a non-citizen facing any drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense 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 — an attorney can help you explore 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 decline to answer questions beyond identifying yourself, and request counsel immediately — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I expunge a previous drug conviction in Riverside, 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. An expungement does not erase a conviction for federal immigration purposes, 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?
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. The 2024 version of Proposition 36 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Riverside, CA?
It's rare for first-time possession cases to be charged as a felony in Riverside, CA — they're typically treated as misdemeanors. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Talk to a Drug Charges Defense Lawyer in Riverside, 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 picking the right law firm. Fortunately, we're here to help.
The Riverside, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We have relationships in courts across California. We explore every avenue to find the right path forward for our clients.
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 charges defense lawyer today at (800) 755-5174 or tell us about your case online to set up a free, confidential review of your case.
Drug Charges Our Lawyers Fight in Riverside, 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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