Drug Charges Lawyer in Victorville, CA. There are a wide variety of drug laws you can be charged with breaking in Victorville, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws regulate substances from cannabis to heroin. If found guilty, you can face life-altering consequences.
Stop these charges before it becomes a worst-case scenario. You need Victorville, CA's premier criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Victorville drug charges lawyers are ready for your case today. We will listen to you explain your side of the story, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, reach out to our lawyers at (800) 755-5174 or set up a free, confidential consultation today.
Victorville, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about the importance of having a drug defense lawyer in Victorville, CA, different types of charges you might face, the key factors you want your defense team to have, strategies we may use in your case, and more.
To focus on a particular topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Victorville, CA
- Victorville, CA, Drug Types and Their Penalties
- Different Types of Drug Charges in Victorville, CA
- Intersections Between Drugs and DUIs in Victorville
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Victorville, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Victorville, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Defend Against
Don't Waste Time: Contact a Victorville, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Victorville, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you can always face felony consequences.
The first reason you should contact a drug charges lawyer right away is to explain the charges. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney needs to know how to fight each.
The second reason to contact a local Victorville, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. Your lawyer can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges attorney will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Victorville, CA, Drug Types and Their Penalties:
When deciding on a Victorville, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, 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 | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | Also known as MDMA, Molly, and E. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) Its use can harm the brain, as well as several other organs. |
| 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 highly refined type of opioid. 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. |
Sentences vary significantly based on the type of drug, quantity, your criminal record, and the accusation you're facing. 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 cases are particularly harsh: 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.
- 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 Victorville, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) charges in Victorville, 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:
- Legal in limited quantities for adults 21 and older
- In most cases, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Victorville, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys 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 make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Victorville, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Victorville, CA. We help defendants fight against all kinds of drug crime allegations. 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
Possession charges are the first level of drug charges in Victorville, CA. 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 Victorville, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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 is instead covered by 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
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 drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (methamphetamine). When charged as a 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. 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 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 Victorville, 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 you're fighting against the federal government instead of the local Victorville 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. Sentences are often more severe, 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 match the federal prosecutor. Our office will protect your rights, look for legal loopholes, challenge evidence, and do whatever we can to secure a positive result for you.
DUIs and Drug Charges Defense in Victorville, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several situations, including everything from driving while high on marijuana to prescription drug usage. One aspect that sets these cases apart is that 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 up against this type of charge, you don't just need a drug charges lawyer. You also need a leading Victorville, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Victorville, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Victorville, CA, it can be a challenge trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug allegations defense attorney:
- Prior Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Relationships at the courts in your local county
- A History of Positive Outcomes against the state for these charges
- Availability Anytime so that you can get help when you need it most
At the Law Offices of David S. Chesley, our firm fulfills all of these requirements. We have over five decades of combined courtroom experience, including former prosecutors. We offer legal services throughout California. And we have delivered positive results for our clients.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Victorville, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to protect you.
Our attorneys treat every client as an individual. 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.
- 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 breaking a drug law, you may be exempt from a conviction.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given substance.
- Plea Negotiations: In some cases, where it's not reasonable for the alleged offender to have the charges dropped entirely, a positive outcome can still be achieved through a plea deal.
If you're looking for a drug charges lawyer in Victorville, CA, get in touch with an attorney at our offices for immediate help.
Victorville, CA, Drug Charge Diversion Options:
Victorville has diversion and treatment options available — be sure to ask your Victorville, CA, drug charges lawyer about whether or not they apply to 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 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 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 takes a different approach than a typical diversion program.
Under the current law, 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.
If you're facing this charge, you have 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. The law also increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Victorville, 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
If you are a lawful permanent resident or are in Victorville, CA, on a work visa, 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.
The federal government can initiate removal proceedings for most drug convictions, with one specific exception: a single offense involving possession of 30 grams or less of marijuana for personal use. 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.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) is ordinarilly 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 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 to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant facing any drug crime allegation, 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
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.
Do I need to answer police questions if I have illegal drugs on me?
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 right away — making a mistake early on can cause major consequences down the line.
Can I expunge a previous drug conviction in Victorville, CA?
Many drug convictions can be expunged under Penal Code 1203.4 once probation is successfully completed, though eligibility depends on the specific charge and your record. The conviction can still potentially be used as grounds for deportation, though, which is why non-citizens 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. 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.
Does Victorville, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Victorville, CA — they're typically treated as misdemeanors. This isn't true for every drug charge in Victorville, though: More serious allegations like trafficking are normally treated as a felony regardless of whether this is your first time being charged or not.
The Law Offices of David S. Chesley Is Ready to Be Your Victorville, CA, Drug Charges Lawyer
You need help from experts in defending against drug charges Your future matters, and it depends on working with the right defense team. We are ready to take your case.
The Victorville, 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 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 Victorville, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Victorville drug charges lawyer now at (800) 755-5174 or reach out online to set up a free review of your charges.
Drug Charges Our Lawyers Fight in Victorville, 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)
Payment Plans
