Drug Charges Lawyer in Santa Barbara, CA. Drug crimes in Santa Barbara, CA, come in many forms. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws cover substances from methamphetamine to fentanyl. But they all share one thing in common: Major legal consequences.
You need representation that will fight for your freedom. You need Santa Barbara, CA's leading criminal defense lawyer on your side. You need the Law Offices of David S. Chesley.
Our local Santa Barbara 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 represent you all the way through trial. To start fighting the charges, reach out to our team at (800) 755-5174 or tell us about your case online right away.
Santa Barbara, CA, Drug Charges Lawyer: Page Summary
On this page, you can learn about how a Santa Barbara, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Santa Barbara, the qualities your attorney should have, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific topic, click on the appropriate link in the following menu to jump ahead and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Santa Barbara, CA
- Popular Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Santa Barbara, CA
- DUIs and Drug Charges Defense in Santa Barbara, CA
- What to Look For in a Drug Charges Lawyer
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Santa Barbara, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Fight Against
The Importance of a Santa Barbara, CA, Drug Charges Lawyer
If you've been accused of a drug crime in Santa Barbara, CA, it's a big deal, no matter what. The same action can be interpreted by the state in multiple ways, meaning you're risking an extended stay in jail.
The first reason you should contact a drug charges lawyer as soon as possible is to give you an understanding of the accusations. A simple possession case looks very different from a possession-for-sale case, and your drug defense attorney needs to know how to defend your particular charges.
The second reason to contact a local Santa Barbara, CA, drug charges lawyer as soon as you've been accused 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. Your defense attorney can stop you from experiencing self-incrimination.
On top of that, your drug charges attorney will leverage local court relationships to explore different defense avenues. Acting fast gives you a head start against the state, and in many cases, we can file a motion to dismiss charges if we act early enough.
Santa Barbara, CA, Drug Types and Their Penalties:
When deciding on a Santa Barbara, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. 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 | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug 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 prescription medications and fully illegal types. 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 based on the type of drug, quantity, any prior convictions, and the act you're being accused of. 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 are more serious charges. Most accusations are felonies, with sentencing ranges that depend heavily on the specific substance and quantity involved.
- Fentanyl cases are particularly harsh: 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Santa Barbara, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) allegations in Santa Barbara, CA, typically have more to do with how it was used, rather than just that it was used. For example, driving with an open package of marijuana is illegal, even if you are sober.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- Generally, adults over 21 can grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Santa Barbara, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, we will fight to defend you. For example, we can argue that you were permitted to have cannabis, demonstrate that you did not exceed state limits, and/or show off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Santa Barbara, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Santa Barbara, CA. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Drug possession charges are some of the most basic in Santa Barbara, CA. These can be charged for any illegal substance 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 Santa Barbara, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can be by your side every step of the way.
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. Generally, these possession charges are handled as misdemeanors.
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 allegations are almost always considered more serious than 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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (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). 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 can be very different from each other, but they share one common attribute: They don't qualify 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 Santa Barbara, 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 Santa Barbara prosecutor.
These can include anything from manufacturing to running a drug ring, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer with the resources to match the federal prosecutor. Our team of attorneys will learn your side of the story, develop a strong defense strategy, dissect the case against you, and do whatever we can to secure a positive outcome for your case.
DUIs and Drug Charges Defense in Santa Barbara, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a wide range of situations, including everything from driving while high on marijuana to driving after taking certain medications. One aspect that sets these cases apart is that you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Santa Barbara, 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, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
When picking a drug charges lawyer in Santa Barbara, CA, to take your case, it can be overwhelming 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:
- Extensive 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 Victories versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, we can deliver on all of these needs. We have over 50 years of combined legal experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have delivered many victories for our clients.
We don't make false promises about your case, and you can call us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. Everyone in the Santa Barbara, CA, criminal courts is there under different circumstances, and you should have a customized defense strategy to protect you.
Our attorneys treat every client as an individual. Below are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's Drugs: 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 may be exempt from a conviction.
- 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 someone's accused you of a drug crime in Santa Barbara, CA, reach out to one of our lawyers today.
Santa Barbara, CA, Drug Charge Diversion Options:
Santa Barbara has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Santa Barbara, 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. It generally involves 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 works differently than a traditional diversion program.
Under the modern 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. 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, with a prison sentence of up to three years. The law also increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Santa Barbara, CA, drug charges lawyer is here to help you understand the charges, help you decide what route to take, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Santa Barbara, CA, on a work visa, a drug conviction can be far more damaging than the criminal penalty alone — 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 a sole 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 even if you weren't given jail time on your conviction.
Important factors to be aware of:
- Simple possession for personal use (other than certain rare substances) is normally 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 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 advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea deal for a different 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, you need to get expert help as soon as you're aware of an investigation. If you are a non-citizen facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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.
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. Be respectful to the police, but do not provide any information besides your identity, and request counsel immediately — 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 Santa Barbara, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though this can be affected based on the charge you were convicted of, and any previous convictions. 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?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. 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.
Does Santa Barbara, CA, prosecute drug possession charges as felonies?
For most first-time possession cases in Santa Barbara, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in Santa Barbara, CA? Call the Law Offices of David S. Chesley Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on working with the right defense lawyer. We are ready to take your case.
The Santa Barbara, 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 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.
We also aid with the following legal services in Santa Barbara, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Santa Barbara drug crimes defense attorney today at (800) 755-5174 or tell us about your case online for a free review of your case.
Drug Charges Our Lawyers Fight in Santa Barbara, 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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