Drug Charges Lawyer in Santa Monica, CA. There's no such thing as a "good" drug charge to be accused of in Santa Monica, CA. You could be accused of possessing them, selling them, or making them. These laws regulate substances from methamphetamine to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
Stop these charges before it becomes a worst-case scenario. You need Santa Monica, CA's leading criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Santa Monica drug charges lawyers know the ins and outs of California drug laws. We will research the statute in detail, discuss defense tactics, and represent you all the way through trial. To begin fighting the charges, call our legal team at (800) 755-5174 or use our contact form right away.
Santa Monica, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about how a Santa Monica, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Santa Monica, the most important things to look for in your defense lawyer, strategies we may use in your case, and more.
If you want to read about a particular topic, click on the appropriate link below to jump ahead and learn more:
- What Your Santa Monica, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Potential Penalties
- Different Types of Drug Charges in Santa Monica, CA
- DUIs and Drug Charges Defense in Santa Monica, CA
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Santa Monica, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Santa Monica, CA, Today
- All the Drug Charges Our Lawyers Defend Against
Don't Waste Time: Contact a Santa Monica, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Santa Monica, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you're risking felony consequences.
The first reason you should contact a drug charges lawyer immediately is to explain the charges. A simple possession case takes a different set of skills than a drug manufacturing case, and your drug defense attorney should have strategies to fight your particular charges.
The second reason to get in touch with a local Santa Monica, 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 defense attorney can stop you from experiencing self-incrimination.
Additionally, your drug charges attorney will open doors for new strategies through plea negotiations. Connecting with a lawyer early gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we act early enough.
Common Drug Types in Santa Monica, CA, Legal Cases:
When you work with a Santa Monica, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. In the following section, we've outlined what types of drugs we most frequently defend charges for in Santa Monica, CA.
| 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 synthetic drug closely related to methamphetamine. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | A class of drugs, including both natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A very addictive substance, and one of the most dangerous opioids. Courts and prosecutors often treat heroin charges harshly. |
| Fentanyl | One of the most dangerous forms of opioids — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly by substance, how much there was, your criminal record, and the accusation you're facing. 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 are more serious charges. Most accusations are 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call us for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Santa Monica, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. While the state used to have laws against its use, in 2016 the state passed Proposition 64, letting people use it recreationally.
Because local laws allow for limited use, marijuana (AKA cannabis) cases in Santa Monica, CA, most often 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:
- Legal in limited quantities for adults 21 and older
- In most cases, adults over 21 can grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Santa Monica, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer 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 Monica, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Santa Monica, CA, area. Whatever charges you are facing, we're ready to defend your innocence. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Santa Monica, 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 Santa Monica, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, while possession of methamphetamine is instead covered by 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
These charges are almost always treated more harshly than possession/use charges. 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. 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). 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 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 Santa Monica, 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 Monica prosecutor.
These can include anything from trafficking 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. 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 an experienced criminal defense lawyer with the resources to fight the United States government. Our office will protect your rights, look for legal loopholes, challenge evidence, and do whatever we can to secure a favorable outcome for your case.
DUIs and Drug Charges Defense in Santa Monica, CA
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 operating a motor vehicle while impaired by prescribed medication. Legal regulations often make these charges more serious than typical DUIs. For example, you can be arrested 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 up against this type of charge, you need more than a drug charges lawyer. You also need a skillful Santa Monica, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
When you are considering your options for a drug charges lawyer in Santa Monica, CA, it can be overwhelming trying to decide who will best represent you. With so much at stake, you don't want to make the wrong choice.
Here are the top factors you want to see in your drug defense attorney:
- Vast Experience fighting these cases in court
- Knowledge of how the district attorney approaches these cases
- Existing Relationships with prosecutors and judges in your local county
- A Track Record of Positive Outcomes 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, we embody each of these qualities. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We know judges and attorneys throughout California. And we have a history of delivering positive outcomes for Californians.
You can trust us to always be upfront with your case, and you can talk to us 24/7 if you have any questions or concerns.
Possible Defense Tactics Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Santa Monica, CA, and you should have a tailored defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Below are some strong 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: 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 some 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: Not every case can result in a "not guilty" verdict, but there are occasions where a plea deal can lessen the impact of a conviction.
If you're looking for a drug charges lawyer in Santa Monica, CA, reach out to one of our attorneys today.
Santa Monica, CA, Drug Charge Diversion Options:
Santa Monica has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Santa Monica, 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. Below are two of the most relevant programs:
PC 1000 Drug Diversion
California PC 1000 Deferred Entry of Judgment is often a very helpful, positive outcome for individuals accused of simple possession. It generally involves drug education classes, requirements to stay sober, 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 protects you from 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 takes a different approach than a typical diversion program.
Under the modern 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. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, you avoid a conviction; you can opt to refuse treatment, but you'll be up against the underlying 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 firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Santa Monica, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, help you decide what route to take, and stand by your side no matter which route you take.
Immigration Consequences of a Drug Conviction
For immigrants in Santa Monica, CA, you might have to defend yourself against removal as well as criminal charges — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, 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 even if you weren't given jail time on your conviction.
Some important things to keep in mind:
- Simple possession for personal use (for most substances) is normally enough to qualify for removal, 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 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 required to tell you about these immigration consequences before you make a plea. We will fight for an outcome — such as a plea deal for a different offense, or a disposition that doesn't include 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 facing any drug case, 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 you're not convicted of the underlying charge, a background check can still show the arrest. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I have to talk to police if I'm caught with drugs?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Santa Monica, 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. The conviction can still potentially be used as grounds for deportation, though, which is why non-citizens 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?
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. 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. Which one applies depends on your charge and criminal history.
Is a first-time drug possession charge a felony in Santa Monica, CA?
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 Santa Monica, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Talk to a Drug Charges Defense Lawyer in Santa Monica, CA, Today
These charges need to be treated seriously Your freedom is important, and it depends on working with the right attorney. Fortunately, we're here to help.
The Santa Monica, 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 explore every avenue to find the right path forward for our clients.
The Law Offices of David S. Chesley also offers the following legal services in Santa Monica, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your Santa Monica drug charges lawyer right away at (800) 755-5174 or use our online contact form for a no-strings 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)
Payment Plans
