Drug Charges Lawyer in Simi Valley, CA. Whatever drug accusations you're facing in Simi Valley, CA, it's not an easy thing to handle. You could be accused of possessing them, selling them, or making them. These laws regulate substances from marijuana to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
Don't let these accusations derail your life. You need Simi Valley, CA's premier criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Simi Valley drug charges lawyers will be by your side from day one. We will explore possible defenses, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To begin fighting the charges, call our law offices at (800) 755-5174 or use our contact form now.
Simi Valley, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over what a Simi Valley, CA, drug charges attorney can do to defend you, the types of substances considered illegal in Simi Valley, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, and more.
To learn about a specific topic, click on the appropriate link in the following menu to skip ahead and learn more:
- What Your Simi Valley, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Simi Valley, CA
- How Drugs Can Affect DUI Charges in Simi Valley
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Simi Valley, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Allegation FAQs
- Contact Your Simi Valley, CA, Drug Charges Attorney Now
- All the Drug Charges Our Lawyers Fight Against
The Importance of a Simi Valley, CA, Drug Charges Lawyer
If you've been accused of a drug crime in Simi Valley, CA, it's a big deal, no matter what. Two people who committed similar acts can face very different charges, meaning there's always a risk of an extended stay in jail.
The first reason you need a drug charges lawyer as soon as possible is to help you interpret the law. A simple possession case looks very different from a drug trafficking case, and your defense attorney should understand how to fight your particular charges.
The second reason to call a local Simi Valley, CA, drug charges lawyer first thing in your case 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 lawyer can advise what to share and what not to share with the state.
Lastly, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if we can act before the state builds a compelling case.
Simi Valley, CA, Drug Types and Their Penalties:
When deciding on a Simi Valley, CA, drug charges lawyer, you want someone who has experience with the type of drug you're facing allegation for. In the following section, we've listed 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 stimulant that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A category of addictive painkillers. 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 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:
- 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.
- Federal charges carry their own, generally harsher, sentencing structure.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Simi Valley, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Since it has been legalized for recreational use, marijuana (AKA cannabis) accusations in Simi Valley, CA, typically often revolve around who was using it and whether that person was exceeding legal limits. For 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:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Simi Valley, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, our attorneys can help. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or make the case that no laws were violated in the handling of the plant.
Drug Charge Categories in Simi Valley, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Simi Valley, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
Drug possession charges are some of the most basic in Simi Valley, CA. All illegal chemicals can fall under this umbrella, 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 Simi Valley, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can advocate for diversionary programs to keep you out of jail.
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
Drug dealing allegations are treated much differently than drug possession. They are often given harsher sentences for allegedly making, transporting, and/or selling the substance.
- 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: The two main possession for sale charges you will see in Simi Valley, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). For these felony charges, 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. A drug charges laywer who can negotiate your charges down is essential, if you want to become eligible for common diversion programs like PC 1000 or Proposition 36.
Drug Charge Enhancements
California's drug charge enhancement laws cover a variety of situations, but all have one thing in common: They don't exist in a vacuum. To be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Simi Valley, 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 federal government is prosecuting you instead of the state government.
These can include anything from trafficking to drug smuggling, but normally it 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.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who's prepared to match the federal prosecutor. Our team of attorneys will conduct investigations, develop a strong defense strategy, dissect the case against you, and make every effort to secure a positive result for you.
DUIs and Drug Charges Defense in Simi Valley, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several 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 alcohol).
When accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Simi Valley, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — for most DUI accusations, if you wait longer than ten days to request a hearing, you lose your chance.
Top Simi Valley, CA, Drug Charges Lawyer Qualitites
When picking a drug charges lawyer in Simi Valley, CA, to take your case, it can be a challenge trying to decide which one to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug defense attorney:
- Vast Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your local county
- A History 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 five decades of combined legal 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.
You can trust us to always be upfront with your case, and you can get a hold of us 24/7 if something new develops.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. Everyone in the Simi Valley, CA, criminal courts is there under different circumstances, and you should have a tailored defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some compelling 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: If you did hold or transport illegal drugs, but weren't aware of it, you shouldn't be found guilty because you didn't mean to break the law.
- Somone Else's Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In some cases, if an undercover police officer coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- 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 someone's accused you of a drug crime in Simi Valley, CA, contact an attorney at our offices for immediate help.
Simi Valley, CA, Drug Charge Diversion Options:
Simi Valley has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Simi Valley, 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, sobriety requirements, 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 prevents you from going through 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 version, 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, you avoid a conviction; fail or refuse treatment, and you face the felony charge, including up to three years in custody. 2024's Proposition 36 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 Simi Valley, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, 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 a lawful permanent resident or are in Simi Valley, 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 regardless of whether the state court sentence includes any jail time.
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" — meaning that you likely won't lose access to certain modes 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 inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea to a non-drug offense, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because a criminal record can bring immigration consequences regardless of the sentence, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder facing any drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Allegation Defense Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
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 eligible to have the arrest sealed or the record cleared — ask your attorney what applies to your specific case.
Do I have to talk to police if I'm caught with drugs?
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 ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can a drug conviction be expunged in Simi Valley, 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. An expungement does not erase a conviction for federal immigration purposes, which is why green card and visa holders need support from a lawyer who can handle both criminal and immigration defense.
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. Which one applies depends on your charge and criminal history.
If I don't have a record, will my drug possession charge be a felony in Simi Valley, CA?
For most first-time possession cases in Simi Valley, CA, you'll only face a misdemeanor charge. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Need a Drug Charges Lawyer in Simi Valley, CA? Call the Law Offices of David S. Chesley Today
These charges need to be treated seriously Your freedom is important, and it depends on picking the right defense lawyer. Our team is ready to stand by your side.
The Simi Valley, 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.
We also aid with the following legal services in Simi Valley, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Simi Valley drug charges defense lawyer right away at (800) 755-5174 or contact us online for a confidential review of your case.
Drug Charges Our Lawyers Fight in Simi Valley, 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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