Drug Charges Lawyer in Sherman Oaks, CA. There's no such thing as a "good" drug charge to be accused of in Sherman Oaks, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from methamphetamine to heroin. If found guilty, you can face life-altering consequences.
Get help before it's too late. You need Sherman Oaks, CA's premier criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Sherman Oaks drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, call our lawyers at (800) 755-5174 or send us a note online now.
Sherman Oaks, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about the importance of having a drug defense lawyer in Sherman Oaks, CA, the types of substances considered illegal in Sherman Oaks, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Sherman Oaks.
If you want to read about a particular topic, click on the appropriate link in the following menu to jump ahead and learn more:
- What Your Sherman Oaks, CA, Drug Crimes Lawyer Will Do For You
- Sherman Oaks, CA, Drug Types and Their Penalties
- Categories of Drug Charges in Sherman Oaks, CA
- How Drugs Can Affect DUI Charges in Sherman Oaks
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Sherman Oaks, CA, Today
- All the Drug Charges Our Firm Will Defend Against
Why You Need a Drug Charges Lawyer in Sherman Oaks, CA, NOW
There's no such thing as a "minor" drug charge in Sherman Oaks, CA. Two people who committed similar acts can face very different charges, meaning there's always a risk of felony consequences.
The first reason you need a drug charges lawyer right away is to explain the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your drug defense attorney should understand how to fight your particular charges.
The second reason to get in touch with a local Sherman Oaks, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. Your attorney can stop you from experiencing self-incrimination.
Lastly, your drug charges attorney will open doors for new strategies through plea negotiations. Early intervention lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we act early enough.
Common Drug Types in Sherman Oaks, CA, Legal Cases:
When deciding on a Sherman Oaks, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, we've outlined what types of drugs we most frequently defend charges for in Sherman Oaks, 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| 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 | 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, how much there was, your criminal record, and whether the charge is possession, possession-for-sale, or sale/transport. For some typical accusations:
- Most of the time, if you're only accused of possession and not distributing a drug, the charge will only be a misdemeanor, with a maximum sentence of one year in jail. Different prosecutors may treat some substances in a harsher manner, though.
- Possession for sale, sale, transport, or manufacturing are rarely treated as misdemeanors. They're often 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 us for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Sherman Oaks, 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, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Sherman Oaks, CA, most often 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:
- 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 Sherman Oaks, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer will fight to defend you. 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.
Charges a Drug Crimes Defense Lawyer Will Fight in Sherman Oaks, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Sherman Oaks, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. 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 Sherman Oaks, 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 Sherman Oaks, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
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. 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 allegations are almost always considered more serious than 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 Sherman Oaks, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight 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). 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 cover a variety of situations, but one thing connects them together: They don't stand on their own. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Sherman Oaks, 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. The distinction is that the U.S. government is prosecuting you, not just the Sherman Oaks district attorney.
These can include anything from trafficking 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, 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 seasoned criminal defense lawyer who has the strength to match the United States government. Our firm will conduct investigations, develop a strong defense strategy, dissect the case against you, and make every effort to secure a favorable outcome for you.
Sherman Oaks, 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 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 arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need an expert Sherman Oaks, CA, DUI defense lawyer who fight on your behalf 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 picking a drug charges lawyer in Sherman Oaks, CA, to take your case, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
These are the main qualities you want to find in your drug defense attorney:
- Extensive Experience fighting against these charges
- 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 because emergencies don't always happen in business hours
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 former prosecutors. 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 get a hold of us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Sherman Oaks, CA, and you should have a tailored defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some staunch 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.
- Not Your 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 some cases, if an undercover officer coerced you into buying or using illicit drugs, 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: 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've been accused of a drug crime in Sherman Oaks, CA, call one of our attorneys today.
Sherman Oaks, CA, Drug Charge Diversion Options:
Sherman Oaks has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Sherman Oaks, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
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 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 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 approach drug offense diversion from a unique angle.
Under the current 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. If you're facing this charge, you have 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, including up to three years in custody. The law also increased sentencing exposure tied to drug quantity for certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Sherman Oaks, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and stand by your side no matter which route you take.
How a Drug Conviction in Sherman Oaks, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Sherman Oaks, CA, on a work visa, you're facing even more serious consequences than a U.S. citizen — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can impact 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for most substances) is normally grounds for deportation, 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 far more likely to be treated 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 inform you about these immigration implications prior to entering your 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 a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are a non-citizen up against a drug case, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
An arrest can appear on some background checks even without a conviction. Diversion programs such as PC 1000 or Proposition 36 can help. If you participate in one of these, you may be able 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. You have the right to remain silent and the right to an attorney. 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 expunge a previous drug conviction in Sherman Oaks, 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 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. The 2024 version of Proposition 36 functions differently: It allows what ordinarily would be charged as misdemeanors to now be charged as felonies, if you have prior drug convictions on your record. However, it also allows for a court-mandated treatment program, completion of which results in the dismissal of felony charges. To learn more about how to explore these paths, speak to an attorney today.
Does Sherman Oaks, CA, prosecute drug possession charges as felonies?
For most first-time possession cases in Sherman Oaks, CA, you'll only face a misdemeanor charge. This isn't true for every drug charge in Sherman Oaks, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Sherman Oaks, CA
You need help from experts in defending against drug charges Your future matters, and it depends on picking the right defense attorney. We are ready to take your case.
The Sherman Oaks, 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.
Our firm can also assist you with the following legal services in Sherman Oaks, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Sherman Oaks drug crimes defense attorney today at (800) 755-5174 or reach out online for a no-strings case evaluation.
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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