Drug Charges Lawyer in San Gabriel, CA. There are a wide variety of drug laws you can be charged with breaking in San Gabriel, CA. Everything from manufacturing to simple possession can send you to jail. These laws cover substances from methamphetamine to heroin. 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 someone who can guide you to a positive outcome. You need San Gabriel, CA's premier criminal defense legal team on your side. You need the Law Offices of David S. Chesley.
Our local San Gabriel drug charges lawyers are ready for your case today. We will explore possible defenses, explain your best options, and represent you all the way through trial. To begin fighting the charges, reach out to our law offices at (800) 755-5174 or send us a note online right away.
San Gabriel, CA, Drug Charges Lawyer: Page Summary
Below, you can read about the importance of having a drug defense lawyer in San Gabriel, CA, the types of substances considered illegal in San Gabriel, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in San Gabriel.
To focus on a particular topic, you can use the links below to navigate to a specific topic and learn more:
- What Your San Gabriel, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Possible Penalties
- Different Types of Drug Charges in San Gabriel, CA
- How Drugs Can Affect DUI Charges in San Gabriel
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We 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 San Gabriel, CA, Drug Charges Attorney Now
- All Drug Crime Allegations Our Team Will Fight Against
The Importance of a San Gabriel, CA, Drug Charges Lawyer
Drug charges in San Gabriel, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of years in prison.
The first reason you should work with a drug charges lawyer without hesitation is to explain the charges. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your defense attorney needs to know how to defend each.
The second reason to get in touch with a local San Gabriel, CA, drug charges lawyer first thing in your case 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. A drug charges attorney can advise what to share and what not to share with the state.
Finally, your drug charges attorney will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in San Gabriel, CA, Legal Cases:
When deciding on a San Gabriel, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. In the following section, 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 | 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. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A category of addictive painkillers. 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. |
Penalties vary significantly by the type of drug, quantity, your criminal record, and the accusation you're facing. As an overview:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl carries additional exposure: 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.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call our office for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in San Gabriel, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in San Gabriel, CA, frequently 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
- Generally, it is legal to grow up to six marijuana plants for recreational purposes
- Still illegal to use or possess under federal law.
How Your San Gabriel, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Drug Charge Categories in San Gabriel, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in San Gabriel, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
The most common drug charges in San Gabriel, CA, are often those related to possession. 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 San Gabriel, 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: If you're accused of simple possession of a hard drug, you're liking facing charges for allegedly violating Health and Safety Code 11350, 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
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
These charges are almost always treated more harshly than possession/use charges. 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. 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 cover a variety of situations, but one thing connects them together: They don't exist on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced San Gabriel, 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 can come from any category of alleged drug offense. What sets these apart is that you're fighting against the federal government instead of the local San Gabriel prosecutor.
These can include anything from trafficking 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. Sentences are often more severe, 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 a seasoned criminal defense lawyer who's prepared to match the federal prosecutor. Our office will learn your side of the story, develop a strong defense strategy, review evidence, and make every effort to secure a favorable outcome for your case.
San Gabriel, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in San Gabriel, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a many different situations, including everything from driving while high on marijuana to prescription drug usage. What's worse, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcohol).
When accused of this type of charge, you don't just need a drug charges lawyer. You also need a leading San Gabriel, 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, 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 San Gabriel, CA, to take your case, 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 find in your drug defense attorney:
- Vast Experience fighting against these charges
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your local county
- A Reputation of Delivering Success 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, our firm fulfills all of these requirements. We have over five decades of combined courtroom experience, including working for the district attorney's office. We offer legal services throughout California. And we have delivered many victories for our clients.
We don't make false promises about your case, and you can talk to us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. No two cases in San Gabriel, CA, are identical, and you should have a unique defense plan to match.
Our attorneys treat every client as an individual. Here are some strong 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: 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: 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 police officer 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: 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 facing drug crime charges in San Gabriel, CA, and need help, call our firm today.
San Gabriel, CA, Drug Charge Diversion Options:
San Gabriel has diversion and treatment options available — be sure to ask your San Gabriel, CA, drug charges lawyer about whether or not they apply to your case. 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 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 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 current version, 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.
If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. The law also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your San Gabriel, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and fight to keep a conviction off your record.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in San Gabriel, CA, on a work visa, 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.
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 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.
Important factors to be aware of:
- Simple possession for personal use (for most substances) is normally 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 significantly more serious. They are often considered 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 is supposed to tell you about these immigration consequences before you make a plea. We will fight for an outcome — such as a plea deal to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
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 up against 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 Charge Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 — 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. 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 a lawyer right away — making a mistake early on can cause major consequences down the line.
Can I get my record sealed after a drug conviction in San Gabriel, 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. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders 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 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 Gabriel, CA, prosecute drug possession charges as felonies?
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 San Gabriel, CA
You need help from experts in defending against drug charges Your freedom is important, and it depends on partnering with the right defense attorney. Fortunately, we're here to help.
The San Gabriel, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have relationships in courts across California. We will always be honest with you and will fight for the best outcome possible.
The Law Offices of David S. Chesley also offers the following legal services in San Gabriel, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your San Gabriel drug defense attorney now at (800) 755-5174 or tell us about your case online for a free, confidential review of your case.
Drug Charges Our Lawyers Fight in San Gabriel, 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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