Drug Charges Lawyer in Westlake Village, CA. There are a wide variety of drug laws you can be charged with breaking in Westlake Village, CA. You could be accused of possessing them, selling them, or making them. These laws cover substances from prescription medications to fentanyl. The fallout from a drug crime conviction can turn your world upside down.
You need representation that will fight for your freedom. You need Westlake Village, CA's premier criminal defense law firm on your side. You need the Law Offices of David S. Chesley.
Our local Westlake Village drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To start building your defense, call our lawyers at (800) 755-5174 or set up a free, confidential consultation now.
Westlake Village, CA, Drug Charges Lawyer: Page Summary
Below, we will go over how a Westlake Village, CA, drug defense attorney will protect your rights, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and more.
To focus on a specific topic, click on the appropriate link in the list below to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Westlake Village, CA, NOW
- Popular Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Westlake Village, CA
- Intersections Between Drugs and DUIs in Westlake Village
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Westlake Village, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Charge FAQs
- Need a Drug Charges Lawyer in Westlake Village, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Lawyers Fight Against
Don't Waste Time: Contact a Westlake Village, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Westlake Village, CA, always need to be taken seriously. There can be leeway in what the prosecution decides to charge you with, meaning you're risking an extended stay in jail.
The first reason you need a drug charges lawyer as soon as possible is to explain the charges. A simple possession case looks very different from a drug manufacturing case, and your defense attorney needs to know how to fight your particular charges.
The second reason to call a local Westlake Village, CA, drug charges lawyer early in the defense process is to protect yourself from mistakes. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. A drug charges attorney can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges lawyer will give you access to expertise and relationships you wouldn't otherwise have. Acting fast lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we act early enough.
Westlake Village, CA, Drug Types and Their Penalties:
When you work with a Westlake Village, CA, drug charges lawyer, you should go with an attorney 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 | 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. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant 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 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. |
Penalties vary significantly by the type of drug, how much there was, your criminal record, and the accusation you're facing. For some typical accusations:
- 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, and the sentence can change based on the specific substance 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.
- 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 find a strategy to minimize negative consequences.
Marijuana in Westlake Village, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) charges in Westlake Village, CA, typically center around when and where it is used. As an example, it's legal to grow up to six marijuana plants for recreational use, but growing a seventh is a crime.
Marijuana Legal Overview:
- Legal in limited quantities for adults 21 and older
- Typically, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Westlake Village, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, we are ready for your case. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show off the proper regulatory procedures which you adhered to.
Drug Charge Categories in Westlake Village, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Westlake Village, CA. Whatever charges you are facing, we're ready to defend your innocence. In the below sections, you can learn about categories of drug crimes and some of the relevant statutes.
Drug Possession/Use Charges
The most common drug charges in Westlake Village, CA, are often those related to possession. These can be charged for any illegal substance 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 Westlake Village, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can advocate for diversionary programs to keep you out of jail.
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 specifically falls under 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 allegations are almost always considered more serious than 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. For these felony charges, 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. 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 on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Westlake Village, 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. The distinction is that the federal government is prosecuting you instead of the state government.
These can include anything from manufacturing to drug smuggling, but most often 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.
It's hard to think of many charges worse to face than this. And you need a a seasoned criminal defense lawyer with the resources to battle the federal prosecutor. Our team of attorneys will conduct investigations, research applicable laws, challenge evidence, and make every effort to secure a favorable result for you.
The Intersection Between Drug Charges and DUIs in Westlake Village, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases can include a several situations, 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 only has a "zero tolerance" law people who are underage).
When accused of drug DUI charges, you need more than a drug charges lawyer. You also need an expert Westlake Village, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. But you need to act fast — for most DUI accusations, you need to request a hearing within ten days of your arrest.
Qualities in a Good Drug Charges Defense Lawyer
When picking a drug charges lawyer in Westlake Village, CA, to take your case, it can be overwhelming trying to decide the right person to represent you. Your freedom and rights hang in the balance.
These are the main qualities you want to look for in your drug allegations defense attorney:
- Prior Experience fighting against these charges
- Personal Experience as a prosecutor
- Existing Relationships at the courts in your jurisdiction
- A Track Record of Victories 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 working for the district attorney's office. We have a wide reach with relationships across the state of California. And we have delivered many victories for Californians.
We don't make false promises about your case, and you can call 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 Westlake Village, CA, criminal courts is there under different circumstances, and you should have a unique defense plan to protect you.
Our attorneys treat every client as an individual. Here 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's 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 law enforcement agent 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If you need a drug crimes defense attorney in Westlake Village, CA, call an attorney at our offices today.
Westlake Village, CA, Drug Charge Diversion Options:
Westlake Village has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Westlake Village, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
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 is an option that can give you a way to stay out of prison without going through a trial. If you participate in this, you can expect to participate in 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 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.
If you're facing this charge, you have 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 firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Westlake Village, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, explore sentencing and charge alternatives with you, and fight to keep a conviction off your record.
How a Drug Conviction in Westlake Village, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Westlake Village, CA, on a work visa, a drug conviction can be far more damaging than the criminal penalty alone — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can impact 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for the majority of drugs) is generally enough to qualify for removal, 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 and become a long-lasting problem if you apply to enter the United States again.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel is required to inform you about these immigration implications prior to entering your plea. 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 defends your legal status in the country, as well as your criminal record.
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 a lawful permanent resident or visa holder fighting a drug charge, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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. 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 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 an attorney immediately — if you say the wrong thing, you could end up facing harsher charges.
Can I get my record sealed after a drug conviction in Westlake Village, 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 this can be affected based on the charge you were convicted of, and any previous convictions. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders need to work with an experienced drug crimes attorney who also practices immigration law.
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 Westlake Village, CA, prosecute drug possession charges as felonies?
It's rare for first-time possession cases to be charged as a felony in Westlake Village, 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 Westlake Village, CA
This isn't a time to settle for "good enough." It's important to fight for a positive outcome, and it depends on working with the right defense lawyer. Our team is ready to stand by your side.
The Westlake Village, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We are prepared to defend you against a variety of drug charges, both misdemeanor and felony. We will always be honest with you and will fight for the best outcome possible.
We also aid with the following legal services in Westlake Village, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Get in touch with your Westlake Village drug charges defense lawyer right away at (800) 755-5174 or use our online contact form to set up a free, confidential 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)
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