Drug Charges Lawyer in South Gate, CA. There's no such thing as a "good" drug charge to be accused of in South Gate, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These statutes regulate substances from marijuana to opioids. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need South Gate, CA's premier criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local South Gate 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 stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, reach out to our representatives at (800) 755-5174 or send us a note online today.
South Gate, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about how a South Gate, CA, drug defense attorney will protect your rights, different types of charges you might face, the most important things to look for in your defense lawyer, strategies we may use in your case, and the intersection between drug charges and DUIs in South Gate.
To learn about a specific topic, you can use the links in the list below to navigate to a specific topic and learn more:
- What Your South Gate, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Potential Penalties
- Categories of Drug Crime Allegations in South Gate, CA
- DUIs and Drug Charges Defense in South Gate, CA
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- South Gate, 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 South Gate, CA, Today
- All Drug Crime Allegations Our Firm Will Fight Against
Get Help From a South Gate, CA, Drug Charges Lawyer IMMEDIATELY
There's no such thing as a "minor" drug charge in South Gate, CA. Two people who committed similar acts can face very different charges, meaning you're risking felony consequences.
The first reason you should work with a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case looks very different from a drug manufacturing case, and your drug defense attorney needs to know how to defend your particular charges.
The second reason to contact a local South Gate, CA, drug charges lawyer right away is to stop yourself from making a mistake. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. A drug charges lawyer can help you talk to police the right way, instead of incriminating yourself.
Additionally, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Early intervention 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.
Drug Types and Legal Context in South Gate, CA:
When picking a South Gate, CA, drug charges lawyer, you should go with an attorney who has experience with the type of drug you're facing allegation for. Below, 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. 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 | 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 highly refined type of opioid. The state tends to impose harsh penalties in heroin cases. |
| 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. |
Sentences vary significantly by substance, quantity, prior record, and whether the charge is possession, possession-for-sale, or sale/transport. As a general framework:
- 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, and the sentence can change based on the specific substance and amount involved.
- Fentanyl cases are particularly harsh: 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 help you get an idea of what you're up against.
Marijuana in South Gate, 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.
Because it has been legalized for recreational use, marijuana (AKA cannabis) allegations in South Gate, CA, typically center around when and where it is used. For example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- In most cases, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your South Gate, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in South Gate, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in South Gate, 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 South Gate, CA. These can be charged for any illegal substance 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 South Gate, 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: If you're accused of simple possession of a hard drug, you're liking facing charges for allegedly violating Health and Safety Code 11350, 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. 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 South Gate, 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. HS 11352 converse sale or transportaiont charges for most substances, while HS 11379 does the same for 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 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 has to be another criminal accusation.
It's even more important to hire an experienced South Gate, 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. The distinction is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to running a drug ring, but most often will involve large quantities and/or crossing state lines. Sentences are often more severe, 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 an experienced criminal defense lawyer who has the strength to fight the federal prosecutor. Our team of attorneys will learn your side of the story, develop a strong defense strategy, review evidence, and make every effort to secure a positive result for your case.
South Gate, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in South Gate, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a wide range of circumstances, including everything from driving while high on marijuana to driving after taking certain medications. Legal regulations often make these charges more serious than typical DUIs. For example, 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 facing drug DUI charges, you need more than a drug charges lawyer. You also need an expert South Gate, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, you only have ten days after an arrest to request a hearing.
What to Look For in a Drug Charges Lawyer
When picking a drug charges lawyer in South Gate, CA, to take your case, it can be a challenge 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 defense attorney:
- Vast Experience fighting these cases in court
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your local county
- A Reputation of Delivering Positive Outcomes 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 embody each of these qualities. We have over 50 years of combined courtroom experience, including former prosecutors. We offer legal services throughout California. And we have delivered positive results for Californians.
We will always be honest with you about the state of your case, and you can talk to us 24/7 if something new develops.
Possible Defense Tactics Against Drug Charges
The statute you violated may not be unique, but your case is. No two cases in South Gate, CA, are identical, and you should have a unique 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: 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.
- 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 some cases, if an undercover law enforcement agent coerced you into violating the 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you're looking for a drug charges lawyer in South Gate, CA, call one of our lawyers today.
South Gate, CA, Drug Charge Diversion Options:
South Gate has diversion and treatment options available, which your South Gate, CA, drug charges lawyer can try to utilize in your case. To qualify, defendants must fit certain criteria. 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, 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 protects you from 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 takes a different approach than a typical diversion program.
Under the modern rules, 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, and the case can be dismissed with the arrest sealed; fail or refuse treatment, and you face 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 the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your South Gate, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, advocate for that path where it's available, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
For immigrants in South Gate, CA, a drug conviction can be far more damaging than the criminal penalty alone — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with a sole exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is normally enough to qualify for removal, 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 not treated as lightly. They are typically classified 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 advise a client of these immigration consequences before a plea is entered. Our firm works hard to find outcomes — such as a plea deal for a different offense, or a disposition that doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because a criminal record can bring immigration consequences regardless of the sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant fighting a 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?
Even if you're not convicted of the underlying charge, a background check can still show the arrest. If your case is resolved through PC 1000 or a completed Prop 36 treatment program, you may be eligible to have the arrest sealed or the record cleared — your drug charges defense lawyer can help you navigate 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. Politely but firmly refuse to answer any questions outside of providing your identity, and ask for a lawyer immediately — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in South Gate, CA?
The answer depends on the specific charge and your sentence. Penal Code 1203.4 allows for expungement in many cases after completing probation, though eligibility depends on the specific charge and your 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?
First-time, simple possession offenses can take advantage of PC 1000. This requires participation in an education program and regular drug testing, but can result in the dismissal of all charges. 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.
Does South Gate, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in South Gate, CA — they're typically treated as misdemeanors. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
The Law Offices of David S. Chesley Is Ready to Be Your South Gate, CA, Drug Charges Lawyer
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on partnering with the right defense team. Our team is ready to stand by your side.
The South Gate, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. 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 South Gate, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Contact your South Gate drug crimes defense attorney now at (800) 755-5174 or use our online contact form to set up 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
