Drug Charges Lawyer in West Covina, CA. Whatever drug accusations you're facing in West Covina, CA, it's not an easy thing to handle. Everything from manufacturing to simple possession can send you to jail. These laws regulate substances from marijuana to opioids. If found guilty, you can face life-altering consequences.
You need someone who can guide you to a positive outcome. You need West Covina, CA's leading criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local West Covina drug charges lawyers will be by your side from day one. 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 begin fighting the charges, contact our attorneys at (800) 755-5174 or tell us about your case online now.
West Covina, CA, Drug Charges Lawyer: Page Summary
Below, you can learn about the importance of having a drug defense lawyer in West Covina, CA, the types of substances considered illegal in West Covina, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and more.
To focus on a specific topic, you can use the links in the following menu to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in West Covina, CA
- Common Drug Types and Their Penalties
- Different Types of Drug Charges in West Covina, CA
- Intersections Between Drugs and DUIs in West Covina
- 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 Crime FAQs
- Get in Touch With a Drug Charges Lawyer in West Covina, CA, Today
- All the Drug Charges Our Lawyers Fight Against
Why You Need a Drug Charges Lawyer in West Covina, CA, NOW
Drug charges in West Covina, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning there's always a risk of felony consequences.
The first reason you need a drug charges lawyer as soon as possible is to help you understand the charges. A simple possession case needs a different strategy than a drug manufacturing case, and your defense attorney should understand how to fight against whatever you've been accused of.
The second reason to get in touch with a local West Covina, 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, the charges could be elevated and the state's case strengthened. Your attorney can stop you from experiencing self-incrimination.
Finally, your drug charges attorney will open doors for new strategies through plea negotiations. Early intervention gives you a head start against the state, and can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
West Covina, CA, Drug Types and Their Penalties:
When you work with a West Covina, CA, drug charges lawyer, you should pick somone 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 West Covina, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug which can cause intense effects 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. 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. |
Potential legal consequences vary significantly by substance, how much there was, your criminal record, and the act you're being accused of. 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific drug and amount 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 review and we'll walk you through what you're actually facing.
Marijuana in West Covina, 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, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in West Covina, CA, typically have more to do with how it was used, rather than just that it was used. 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
- Still illegal to use or possess under federal law.
How Your West Covina, 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 show the legality of your ownership, 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 West Covina, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in West Covina, CA. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
The most common drug charges in West Covina, CA, are often those related to possession. 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 West Covina, 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 has its own specific statute in 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 charges are almost always treated more harshly than possession/use charges. A positive outcome in these cases is often taking a plea deal for a lesser charge. Your drug crimes defense attorney can help you negotiate a favorable deal.
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. 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). Sentences for these charges can be even more severe — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced West Covina, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
Drug Charge Enhancements
California's drug charge enhancement laws may seem very different, but all have one thing in common: They don't exist 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 West Covina, 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 could fall into any of the three categories above. What sets these apart is that you're fighting against the federal government instead of the local West Covina prosecutor.
These can include anything from production to transportation 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, up to and including life imprisonment and substantial fines.
If you're accused of a drug crime in federal court, you're up against a lot. And you need a a seasoned criminal defense lawyer who's prepared to fight the federal prosecutor. Our firm will learn your side of the story, look for legal loopholes, challenge evidence, and do whatever we can to secure a favorable result for your case.
West Covina, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of 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 facing drug DUI charges, you don't just need a drug charges lawyer. You also need a leading West Covina, 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 cases, if you wait longer than ten days to request a hearing, you lose your chance.
What to Look For in a Drug Charges Lawyer
When picking a drug charges lawyer in West Covina, 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 find in your drug allegations defense attorney:
- Prior Experience defending clients in your situation
- Personal Experience as a prosecutor
- Existing Relationships with prosecutors and judges in your jurisdiction
- A History of Victories against the state for these charges
- 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 50 years of combined legal experience, including as both prosecutors and defense attorneys. We have a wide reach with relationships across the state of California. And we have delivered positive results for our clients.
We don't make false promises about your case, and you can talk to us 24/7 if you need anything from our offices.
Powerful Drug Crime Accusation Defenses
Whatever law you're accused of breaking, you have your own unique story to tell. No two cases in West Covina, CA, are identical, and you should have a unique defense strategy to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some strong 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.
- Not Your Drugs: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- 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: 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 facing drug crime charges in West Covina, CA, and need help, contact our firm now.
West Covina, CA, Drug Charge Diversion Options:
West Covina has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your West Covina, 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. These are some of the :
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. The main reason people like to take advantage of PC 1000 is it prevents a conviction from going on your record. This prevents you from going through 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 works differently than a traditional diversion program.
Under the modern 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.
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; if you don't take this option, you'll have to fight the felony charge, with a prison sentence of up to three years. 2024's Proposition 36 also heightened potential drug crime sentences, depending on the quantity and type of substance, and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your West Covina, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, 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
For immigrants in West Covina, CA, 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.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, 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 can be a factor independent of whether or not the conviction includes a jail sentence.
Some important things to keep in mind:
- Simple possession for personal use (other than certain rare substances) is generally 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 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 inform you about these immigration implications prior to entering your plea. Our firm works hard to find outcomes — such as a plea deal to another, non-drug charge, 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 a non-citizen facing any drug charge, tell your attorney immediately — this materially changes how your case should be defended.
Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
Even if there isn't a criminal conviction, a background check can still show your arrest. If you were able to take advantage of a diversion program like PC 1000 or Proposition 36, 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 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 an attorney immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I expunge a previous drug conviction in West Covina, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, 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 immigration-aware counsel handling both the criminal case and any later cleanup.
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 applies to repeat offenders facing a treatment-mandated felony and requires completing a court-supervised treatment program to avoid the felony consequences. To learn more about how to explore these paths, speak to an attorney today.
If I don't have a record, will my drug possession charge be a felony in West Covina, CA?
For most first-time possession cases in West Covina, 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.
The Law Offices of David S. Chesley Is Ready to Be Your West Covina, CA, Drug Charges Lawyer
These charges need to be treated seriously Your future matters, and it depends on picking the right defense attorney. Our team is ready to stand by your side.
The West Covina, CA, drug charges lawyers at the Law Offices of David S. Chesley have experience defending against countless drug crime accusations. We have former prosecutors on our team who know how the state builds its case. We will always be honest with you and will fight for the best outcome possible.
The Law Offices of David S. Chesley also offers the following legal services in West Covina, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Speak to your West Covina drug defense attorney right away at (800) 755-5174 or use our online contact form for a free review of your case.
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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