Drug Charges Lawyer in San Bernardino, CA. There's no such thing as a "good" drug charge to be accused of in San Bernardino, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These charges can include all kinds of substances from marijuana to opioids. The fallout from a drug crime conviction can turn your world upside down.
Get help before it's too late. You need San Bernardino, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local San Bernardino drug charges lawyers are avaialble 24/7 to help you. We will listen to you explain your side of the story, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin fighting the charges, reach out to our representatives at (800) 755-5174 or send us a note online today.
San Bernardino, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about what a San Bernardino, CA, drug charges attorney can do to defend you, categories of drug crime allegations in San Bernardino, the key factors you want your defense team to have, effective defense tactics against all sorts of charges, and more.
To focus on a specific topic, click on the appropriate link in the list below to navigate to a specific topic and learn more:
- Why You Need a Drug Charges Lawyer in San Bernardino, CA, NOW
- San Bernardino, CA, Drug Types and Their Penalties
- Categories of Drug Crime Allegations in San Bernardino, CA
- How Drugs Can Affect DUI Charges in San Bernardino
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Contact Your San Bernardino, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Fight Against
Get Help From a San Bernardino, CA, Drug Charges Lawyer IMMEDIATELY
Drug charges in San Bernardino, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you're risking years in prison.
The first reason you should contact a drug charges lawyer right away is to give you an understanding of the accusations. A simple possession case looks very different from a drug manufacturing case, and your defense attorney needs to know how to defend each.
The second reason to call a local San Bernardino, CA, drug charges lawyer right away is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your lawyer can help you talk to police the right way, instead of incriminating yourself.
Lastly, your drug charges lawyer will open doors for new strategies through plea negotiations. Connecting with a lawyer early gives you a head start against the state, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in San Bernardino, CA:
When deciding on a San Bernardino, CA, drug charges lawyer, you should pick somone who knows how the prosecution treats different drug types. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A class of drugs, including both natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Sentences vary significantly by substance, how much there was, any prior convictions, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- 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, and the sentence can change based on the specific drug and quantity 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.
- 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 review and we'll help you get an idea of what you're up against.
Marijuana in San Bernardino, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because local laws allow for limited use, marijuana (AKA cannabis) charges in San Bernardino, 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
- Typically, adults over 21 can grow up to six marijuana plants
- Still illegal to use or possess under federal law.
How Your San Bernardino, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys will fight to defend you. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in San Bernardino, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in San Bernardino, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in San Bernardino, 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 San Bernardino, 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 specifically falls under 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
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: The two main possession for sale charges you will see in San Bernardino, CA, are HS 11351 (for most substances) and HS 11378 (specifically for 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). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced San Bernardino, 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 they share one common attribute: They don't stand 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 San Bernardino, 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 San Bernardino prosecutor.
These can include anything from trafficking to drug smuggling, but normally it will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who has the strength to match the federal prosecutor. Our firm will protect your rights, research applicable laws, challenge evidence, and do whatever we can to secure a positive outcome for you.
The Intersection Between Drug Charges and DUIs in San Bernardino, CA
DUIs and drug charges don't always go together in San Bernardino, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to driving after taking certain medications. What's worse, 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 accused of drug DUI charges, you don't just need a drug charges lawyer. You also need a leading San Bernardino, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
If you're looking for a drug charges lawyer in San Bernardino, CA, it can be overwhelming trying to decide the right person to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Extensive Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Existing Relationships at the courts in your local county
- A Track Record of Positive Outcomes against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over 50 years of combined courtroom experience, including working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered positive results for Californians.
We will always be honest with you about the state of your case, and you can talk to us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in San Bernardino, CA, and you should have a unique defense plan to protect you.
Our attorneys treat every client as an individual. 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.
- Not Your Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In some cases, if an undercover officer coerced you into buying or using illicit drugs, you cannot be held liable for doing so.
- Prescription: This isn't an option for every offense and type of drug, but some accusations can be alleviated if you were legally prescribed the 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 you've been accused of a drug crime in San Bernardino, CA, contact one of our lawyers for immediate help.
San Bernardino, CA, Drug Charge Diversion Options:
San Bernardino has diversion and treatment options available, which your San Bernardino, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must meet legal guidelines. 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. The program typically includes 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 helps you avoid 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 works differently than a traditional diversion program.
Under the current version, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; fail or refuse treatment, and you face the felony charge, with a prison sentence of up to three years. The law also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your San Bernardino, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
For immigrants in San Bernardino, CA, a drug conviction can be far more damaging than the criminal penalty alone — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with a sole exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This applies to 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for most substances) is generally 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 not treated as lightly. They are typically classified as aggravated felonies, which can trigger mandatory deportation with little to no opportunity for relief or future re-entry.
- 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 for a different offense, or a disposition that avoids specific "aggravated felony" language — which minimizes your chances of being deported.
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 crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
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 able 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 are not required to answer any self-incriminating questions during an interrogation. Politely decline to answer questions beyond identifying yourself, 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 expunge a previous drug conviction in San Bernardino, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 support from a lawyer who can handle both criminal and immigration defense.
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 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.
Does San Bernardino, 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 San Bernardino, though: More serious allegations like distribution are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your San Bernardino, CA, Drug Charges Lawyer
These charges need to be treated seriously Your future matters, and it depends on picking the right law firm. Fortunately, we're here to help.
The San Bernardino, 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 will build a strong defense for you against your charges.
We also aid with the following legal services in San Bernardino, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your San Bernardino drug defense attorney right away at (800) 755-5174 or reach out online to schedule a confidential review of your charges.
Drug Charges Our Lawyers Fight in San Bernardino, 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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