Drug Charges Lawyer in Santa Clarita, CA. Drug crimes in Santa Clarita, 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 charges can include all kinds of substances from prescription medications to heroin. The fallout from a drug crime conviction can turn your world upside down.
Don't let these accusations derail your life. You need Santa Clarita, CA's leading criminal defense law firm defending your rights. You need the Law Offices of David S. Chesley.
Our local Santa Clarita drug charges lawyers are avaialble 24/7 to help you. 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, contact our team at (800) 755-5174 or use our contact form right away.
Santa Clarita, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about what a Santa Clarita, CA, drug charges attorney can do to defend you, different types of charges you might face, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Santa Clarita.
To focus on a specific topic, you can use the links below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Santa Clarita, CA, NOW
- Common Drug Types and Their Penalties
- Different Types of Drug Crime Allegations in Santa Clarita, CA
- How Drugs Can Affect DUI Charges in Santa Clarita
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Santa Clarita, CA, Today
- All the Drug Charges Our Lawyers Fight Against
Get Help From a Santa Clarita, CA, Drug Charges Lawyer IMMEDIATELY
There's no such thing as a "minor" drug charge in Santa Clarita, CA. There can be leeway in what the prosecution decides to charge you with, meaning you're risking 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 looks very different from a drug trafficking case, and your drug defense attorney needs to know how to fight against whatever you've been accused of.
The second reason to contact a local Santa Clarita, CA, drug charges lawyer early in the defense process is to stop yourself from making a mistake. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your lawyer can stop you from experiencing self-incrimination.
Lastly, your drug charges attorney will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early prevents the state from getting a lead on you, and can even give you a better chance of having the court dismiss charges if we act early enough.
Drug Types and Legal Context in Santa Clarita, CA:
When deciding on a Santa Clarita, CA, drug charges lawyer, you should pick somone who can defend charges related to the specific kind of drug in the allegations. Below, we've listed what types of drugs we most frequently defend charges for in Santa Clarita, CA.
| 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. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) Its use can harm the brain, as well as several other organs. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| 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. |
Sentences vary significantly by substance, quantity, prior record, and the accusation you're facing. For some typical accusations:
- 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 are more serious charges. Most accusations are felonies, and the sentence can change based on the specific drug and quantity 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 walk you through what you're actually facing.
Marijuana in Santa Clarita, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. 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) charges in Santa Clarita, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. As an 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
- In most cases, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Santa Clarita, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in Santa Clarita, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Santa Clarita, 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
The most common drug charges in Santa Clarita, CA, are often those related to possession. These can be charged for any illegal substance 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 Santa Clarita, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, 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 has its own specific statute in 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 allegations are almost always considered more serious than possession. 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: 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. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for methamphetamine. Sentences for these charges can be even more severe — 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 stand on their own. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Santa Clarita, 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 Santa Clarita prosecutor.
These can include anything from production to transportation 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. 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 with the resources to battle the federal prosecutor. Our firm will protect your rights, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a favorable result for your case.
Santa Clarita, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different circumstances, 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 alcoholwhich only has a "zero tolerance" law people who are underage).
When facing drug DUI charges, you don't just need a drug charges lawyer. You also need an expert Santa Clarita, 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 need to request a hearing within ten days of your arrest.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Santa Clarita, CA, it can feel impossible 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 crimes defense attorney:
- Prior Experience fighting these cases in court
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Victories when fighting drug charges for clients
- Availability Anytime so that you can get help when you need it most
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 former prosecutors. We offer legal services throughout California. And we have a history of delivering positive outcomes 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.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. Everyone in the Santa Clarita, CA, criminal courts is there under different circumstances, and you should have a unique defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some powerful 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- Didn't Belong to You: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover officer coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you're facing drug crime charges in Santa Clarita, CA, and need help, contact an attorney at our offices now.
Santa Clarita, CA, Drug Charge Diversion Options:
Santa Clarita has diversion and treatment options available, which your Santa Clarita, CA, drug charges lawyer can try to utilize in 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. The program typically includes 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 law, 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, 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, and risking up to three years behind bars. 2024's Proposition 36 also increased sentencing exposure tied to drug quantity for certain substances and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Santa Clarita, CA, drug charges lawyer can help you understand whether you qualify for treatment options, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Santa Clarita, CA, on a work visa, 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.
The federal government can initiate removal proceedings for most drug convictions, with 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 (for the majority of drugs) is ordinarilly 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 significantly more serious. They are often considered 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 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, it's important to avoid mistakes from the very start of your case. If you are a lawful permanent resident or visa holder fighting a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if you're not convicted of the underlying charge, a background check can still show the 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 — 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. Be respectful to the police, but do not provide any information besides your identity, and request counsel right away — if you say the wrong thing, you could end up facing harsher charges.
Can a drug conviction be expunged in Santa Clarita, 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. 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 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Is a first-time drug possession charge a felony in Santa Clarita, CA?
For most first-time possession cases in Santa Clarita, CA, you'll only face a misdemeanor charge. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
The Law Offices of David S. Chesley Is Ready to Be Your Santa Clarita, CA, Drug Charges Lawyer
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on partnering with the right defense attorney. We are ready to take your case.
The Santa Clarita, 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 defend all kinds of major criminal charges, including drug crime allegations. 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 Santa Clarita, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your Santa Clarita drug crimes defense attorney now at (800) 755-5174 or tell us about your case online to set up a free, confidential 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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