Drug Charges Lawyer in San Pedro, CA. There are a wide variety of drug laws you can be charged with breaking in San Pedro, CA. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from cannabis to opioids. The fallout from a drug crime conviction can turn your world upside down.
You need someone who can guide you to a positive outcome. You need San Pedro, CA's leading criminal defense lawyer on your side. You need the Law Offices of David S. Chesley.
Our local San Pedro drug charges lawyers will be by your side from day one. We will give you honest advice, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, contact us at (800) 755-5174 or use our contact form right away.
San Pedro, CA, Drug Charges Lawyer: Page Summary
On this page, you can learn about how a San Pedro, CA, drug defense attorney will protect your rights, different types of charges you might face, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
To learn about a particular topic, you can use the links in the list below to skip ahead and learn more:
- Why You Need a Drug Charges Lawyer in San Pedro, CA, NOW
- Popular Drug Types and Potential Penalties
- Different Types of Drug Charges in San Pedro, CA
- DUIs and Drug Charges Defense in San Pedro, CA
- 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 Charge FAQs
- Contact Your San Pedro, CA, Drug Charges Attorney Now
- Every Drug Charge Our Lawyers Fight Against
The Importance of a San Pedro, CA, Drug Charges Lawyer
There's no such thing as a "minor" drug charge in San Pedro, CA. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of felony consequences.
The first reason you need 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 manufacturing case, and your drug defense attorney needs to know how to defend your particular charges.
The second reason to call a local San Pedro, CA, drug charges lawyer early in the defense process is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, you could see simple possession allegations elevated to possession-for-sale accusations. A drug charges attorney can stop you from experiencing self-incrimination.
Finally, 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 we can even move to dismiss charges if the evidence is in your favor.
Common Drug Types in San Pedro, CA, Legal Cases:
When picking a San Pedro, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, we've outlined some of the substances against which we have practice defending related charges.
| 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 drug which can cause intense effects Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. 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 by substance, how much there was, 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance and quantity 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
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 us for a free case evaluation and we'll help you find a strategy to minimize negative consequences.
Marijuana in San Pedro, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in San Pedro, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. For 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
- Federal law still makes marijuana usage illegal.
How Your San Pedro, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in San Pedro, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the San Pedro, CA, area. 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 San Pedro, CA, are often those related to possession. All illegal chemicals can fall under this umbrella, and these charges can apply in any circumstance where you allegedly owned the illegal drugs, even if you didn't have them physically with you at the time.
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Under the Influence of a Controlled Substance
- Hard Drug Possession
Your San Pedro, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
Relevant statutes: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine specifically falls under HS 11377. Generally, these possession charges are handled as misdemeanors.
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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: The two main possession for sale charges you will see in San Pedro, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). When charged as a felony, 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 may seem very different, but they share one common attribute: They don't exist 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 Pedro, 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. The distinction is that the U.S. government is prosecuting you, not just the San Pedro district attorney.
These can include anything from production to transportation to taking part in a drug conspiracy, 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's prepared to battle the United States government. Our team of attorneys will conduct investigations, research applicable laws, dissect the case against you, and do whatever we can to secure a positive result for you.
San Pedro, CA Drug Charges and DUIs
Drug cases often intersect with another type of case in San Pedro, CA: DUIs. Drug DUI defense cases can include a several situations, including everything from driving while high on marijuana to prescription drug usage. One aspect that sets these cases apart is that 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 drug DUI charges, you need more than a drug charges lawyer. You also need a skillful San Pedro, 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, you need to request a hearing within ten days of your arrest.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in San Pedro, CA, it can be a challenge trying to decide which one to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to find in your drug crimes defense attorney:
- Prior Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your local county
- A Track Record of Positive Outcomes when fighting drug charges for clients
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. 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 a history of delivering positive outcomes for our clients.
We will always be honest with you about the state of your case, and you can call us 24/7 if something new develops.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. The details are different for every criminal case in San Pedro, CA, and you should have a tailored defense strategy to match.
We'll listen to your story and craft a powerful defense to fit. Below are some compelling strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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 police officer coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given 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're looking for a drug charges lawyer in San Pedro, CA, contact the Law Offices of David S. Chesley for immediate help.
San Pedro, CA, Drug Charge Diversion Options:
San Pedro has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your San Pedro, 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. If you participate in this, you can expect to participate in drug education classes, sobriety requirements, and regular drug testing. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. This helps you avoid many of a conviction's collateral consequences.
Proposition 36 (2024)
Proposition 36, as opposed to PC 1000, targets alleged offenders with an existing criminal record. It took its current form in 2024, and it takes a different approach than a typical diversion program.
Under the modern rules, 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.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest sealed; if you don't take this option, you'll have to fight 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 the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your San Pedro, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, advocate for that path where it's available, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, 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.
Most drug charge convictions are grounds for deportation, but there is one narrow 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 even if you weren't given jail time on your conviction.
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" — a distinction that can preserve certain forms of immigration relief.
- 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 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 defends your legal status in the country, as well as your criminal record.
Because the conviction, regardless of the sentence, has such a big immigration impact, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant up against a drug crime allegation, 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?
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 eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
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 — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in San Pedro, 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. 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 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. 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. To learn more about how to explore these paths, speak to an attorney today.
Is a first-time drug possession charge a felony in San Pedro, CA?
It's rare for first-time possession cases to be charged as a felony in San Pedro, 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.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in San Pedro, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on partnering with the right attorney. Our team is ready to stand by your side.
The San Pedro, CA, drug charges lawyers at the Law Offices of David S. Chesley takes advantage of every opportunity we find to deliver positive results for clients. We have relationships in courts across California. We will build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in San Pedro, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your San Pedro drug defense attorney now at (800) 755-5174 or reach out online for a free 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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