Drug Charges Lawyer in Van Nuys, CA. There's no such thing as a "good" drug charge to be accused of in Van Nuys, CA. 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 marijuana to heroin. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Van Nuys, CA's premier criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Van Nuys drug charges lawyers will be by your side from day one. We will give you honest advice, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin building your defense, call our legal team at (800) 755-5174 or ask about a free case review online today.
Van Nuys, CA, Drug Charges Lawyer: Page Summary
On this page, you can read about how a Van Nuys, CA, drug defense attorney will protect your rights, categories of drug crime allegations in Van Nuys, the most important things to look for in your defense lawyer, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- What Your Van Nuys, CA, Drug Crimes Lawyer Will Do For You
- Common Drug Types and Their Penalties
- Different Types of Drug Charges in Van Nuys, CA
- How Drugs Can Affect DUI Charges in Van Nuys
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Need a Drug Charges Lawyer in Van Nuys, CA? Call the Law Offices of David S. Chesley Today
- All Drug Crime Allegations Our Attorneys Fight Against
Why You Need a Drug Charges Lawyer in Van Nuys, CA, NOW
Drug charges in Van Nuys, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you can always face years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to explain the charges. A simple possession case looks very different from a possession-for-sale case, and your defense attorney should have strategies to defend your particular charges.
The second reason to get in touch with a local Van Nuys, CA, drug charges lawyer right away is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. Your lawyer can advise what to share and what not to share with the state.
Additionally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Early intervention lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Drug Types and Legal Context in Van Nuys, CA:
When you work with a Van Nuys, 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 what types of drugs we most frequently defend charges for in Van Nuys, 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. 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 | 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 | An extremely dangerous type of opioid — roughly 50 times more potent than heroin and 100 times more potent than morphine, according to the DEA. |
Penalties vary significantly based on substance, how much there was, any prior convictions, and the type of charge. As an overview:
- 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 typically charged as felonies, and the sentence can change based on the specific substance and quantity 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Because the numbers shift based on the specific facts of a case, the exact exposure you're facing should be evaluated by an attorney who can review your charge sheet and criminal history — call our office for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Van Nuys, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. California used to outlaw the use of marijuana, however, 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 Van Nuys, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. For 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
- In most cases, it is legal to grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Van Nuys, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in Van Nuys, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Van Nuys, 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
Possession charges are the first level of drug charges in Van Nuys, CA. They cover a wide range of substances 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 Van Nuys, 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 specifically falls under 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
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
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
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. 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). 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 can be very different from each other, but they share one common attribute: They don't stand on their own. In order to be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Van Nuys, 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 Van Nuys prosecutor.
These can include anything from manufacturing to taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a an experienced criminal defense lawyer who has the strength to fight the United States government. Our office will protect your rights, develop a strong defense strategy, review evidence, and do whatever we can to secure a favorable outcome for your case.
DUIs and Drug Charges Defense in Van Nuys, CA
Drug cases often intersect with another type of case in Van Nuys, CA: DUIs. Drug DUI defense cases can include 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 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 accused of this type of charge, you don't just need a drug charges lawyer. You also need a skillful Van Nuys, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. Don't wait to get help — in most cases, if you wait longer than ten days to request a hearing, you lose your chance.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Van Nuys, CA, it can be a challenge trying to decide who will best represent you. With so much at stake, you don't want to make the wrong choice.
These are the main qualities you want to find in your drug defense attorney:
- Vast Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges in your jurisdiction
- A Track Record of Victories against the state for these charges
- Availability Anytime because emergencies don't always happen in business hours
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over 50 years of combined courtroom experience, including as both prosecutors and defense attorneys. We offer legal services throughout 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 talk to us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Your charges might be the same as someone else's, but your case is unique. Everyone in the Van Nuys, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to match.
We'll listen to your story and craft a powerful defense to fit. Here are some of the possible strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: This can suppress evidence that was unlawfully obtained.
- Lack of Intent: In some cases, you can't be convicted if you broke the law on accident. For example, if police found illegal drugs in your car, but they weren't yours, and you weren't aware of them, you didn't transport them, legally speaking.
- 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 rare cases, if an undercover officer coerced you into buying or using illicit drugs, 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: 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 need a drug crimes defense attorney in Van Nuys, CA, get in touch with one of our lawyers now.
Van Nuys, CA, Drug Charge Diversion Options:
Van Nuys has diversion and treatment options available — be sure to ask your Van Nuys, CA, drug charges lawyer about whether or not they apply to 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 often a very helpful, positive outcome for individuals accused of simple possession. 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 protects you from 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 law, what was originally a misdemeanor charge can be instead charged as a "treatment-mandated felony." This is only an option if the accused person has two or more previous drug-related convictions on their record.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); you can opt to refuse treatment, but you'll be up against the underlying felony charge, and risking up to three years behind bars. 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 Van Nuys, CA, drug charges lawyer can help you understand whether you qualify for treatment-mandated felony treatment, help you decide what route to take, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
For immigrants in Van Nuys, CA, you're facing even more serious consequences than a U.S. citizen — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
Most drug charge convictions are grounds for deportation, but there is 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 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 grounds for deportation, 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 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 advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because immigration consequences are triggered by conviction, not just sentence, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are a lawful permanent resident or visa holder facing any drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
Even if there isn't a criminal conviction, a background check can still show your 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 — an attorney can help you explore these options.
Do I need to answer police questions if I have illegal drugs on me?
No. You have the right to remain silent and the right to an attorney. Politely but firmly refuse to answer any questions outside of providing your identity, and request counsel immediately — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Van Nuys, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. The conviction can still potentially be used as grounds for deportation, though, 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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does Van Nuys, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Van Nuys, CA — they're typically treated as misdemeanors. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Get Help Now: Call the Law Offices of David S. Chesley for a Drug Charges Lawyer in Van Nuys, CA
This isn't a time to settle for "good enough." Your freedom is important, and it depends on picking the right defense team. Fortunately, we're here to help.
The Van Nuys, 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 will build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in Van Nuys, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Van Nuys drug crimes defense attorney today at (800) 755-5174 or reach out online to schedule a free 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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