Drug Charges Lawyer in Westminster, CA. Drug crimes in Westminster, CA, come in many forms. Everything from manufacturing to simple possession can send you to jail. These statutes regulate substances from prescription medications to fentanyl. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Westminster, CA's leading criminal defense lawyer on your case. You need the Law Offices of David S. Chesley.
Our local Westminster drug charges lawyers are ready for your case today. We will explore possible defenses, explain your best options, and represent you all the way through trial. To start building your defense, reach out to our law offices at (800) 755-5174 or send us a note online now.
Westminster, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about the importance of having a drug defense lawyer in Westminster, CA, different types of charges you might face, the qualities your attorney should have, strategies we may use in your case, and the intersection between drug charges and DUIs in Westminster.
If you want to read about a particular topic, you can use the links in the list below to jump ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Westminster, CA
- Popular Drug Types and Their Penalties
- Categories of Drug Crime Allegations in Westminster, CA
- DUIs and Drug Charges Defense in Westminster, CA
- What to Look For in a Drug Charges Lawyer
- Possible Defenses That We Use in Drug Cases
- Westminster, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Westminster, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Lawyers Fight Against
Don't Waste Time: Contact a Westminster, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Westminster, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you're risking felony consequences.
The first reason you should contact a drug charges lawyer without hesitation is to explain the charges. A simple possession case takes a different set of skills than a possession-for-sale case, and your defense attorney needs to know how to fight each.
The second reason to call a local Westminster, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. When you say the wrong thing to a state representative, the charges could be elevated and the state's case strengthened. Your defense attorney can stop you from experiencing self-incrimination.
Additionally, your drug charges attorney 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 can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Common Drug Types in Westminster, CA, Legal Cases:
When deciding on a Westminster, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, we've outlined 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 | Also known as MDMA, Molly, and E. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) It is taken in a variety of ways. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. 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 based on the type of drug, quantity, your criminal record, and whether the charge is possession, possession-for-sale, or sale/transport. For some typical accusations:
- 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 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.
- Federal charges carry their own, generally harsher, sentencing structure.
Every case is unique, and it can be hard to find answers on your own — call our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Westminster, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, legalizing its recreational use.
Since it has been legalized for recreational use, marijuana (AKA cannabis) cases in Westminster, CA, frequently 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:
- Legal in limited quantities for adults 21 and older
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Westminster, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. 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 off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Westminster, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Westminster, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Possession charges are the first level of drug charges in Westminster, CA. All illegal chemicals can fall under this umbrella, 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 Westminster, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can advocate for diversionary programs to keep you out of jail.
Relevant statutes: Health and Safety Code 11350 covers most hard drug possession accusations, 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
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 charges are almost always treated more harshly than possession/use charges. 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: 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. 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 all have one thing in common: They don't qualify on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Westminster, 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 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. If you're accused of this, you're up against truly severe penalties, 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 a leading criminal defense lawyer with the resources to fight the federal prosecutor. Our firm will learn your side of the story, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable outcome for your case.
DUIs and Drug Charges Defense in Westminster, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a wide range of 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 alcohol).
When accused of this type of charge, you don't just need a drug charges lawyer. You also need a skillful Westminster, CA, DUI defense lawyer who defend 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.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Westminster, CA, it can be overwhelming trying to decide which one to represent you. Your freedom and rights hang in the balance.
Here are the top factors you want to find in your drug crimes defense attorney:
- Extensive Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships at the courts in your jurisdiction
- A Reputation of Delivering Success versus the prosecution in drug cases
- Availability Anytime in case an emergency occurs and you need help
At the Law Offices of David S. Chesley, we embody each of these qualities. We have over five decades of combined courtroom experience, including former prosecutors. We have a wide reach with relationships across the state of California. And we have delivered many victories for Californians.
We will always be honest with you about the state of your case, and you can get a hold of us 24/7 if something new develops.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Your charges might be the same as someone else's, but your case is unique. Everyone in the Westminster, CA, criminal courts is there under different circumstances, and you should have a unique defense strategy to protect you.
We'll listen to your story and craft a powerful defense to fit. Here are some compelling 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 some cases, if an undercover police 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: 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 Westminster, CA, and need help, get in touch with our firm now.
Westminster, CA, Drug Charge Diversion Options:
Westminster has diversion and treatment options available — be sure to ask your Westminster, 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 is an option that can give you a way to stay out of prison without going through a trial. It generally involves drug education classes, requirements to stay sober, 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, 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 approach drug offense diversion from a unique angle.
Under the current rules, individuals with two or more prior drug convictions can now be charged with a "treatment-mandated felony" for offenses that might otherwise have been charged as misdemeanors. While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the case can be dismissed with the arrest 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. 2024's Proposition 36 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 Westminster, CA, drug charges lawyer can help you understand whether you qualify for options that keep you out of court, help you decide what route to take, and fight to keep a conviction off your record.
Drug Convictions' Impact on Immigration Status
For immigrants in Westminster, 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.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with 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 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 most substances) is generally 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 and create barriers to appeals efforts.
- 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. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, or a disposition that avoids 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 an immigrant fighting a drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
Drug Charge 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 your case is resolved through PC 1000 or a completed Prop 36 treatment program, 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 have the right to remain silent and the right to an attorney. Be respectful to the police, but do not provide any information besides your identity, and ask for a lawyer right away — anything you say can be used to elevate a simple possession charge to a possession-for-sale charge.
Can I get my record sealed after a drug conviction in Westminster, CA?
If you were given probation, you may be eligible for expungement under Penal Code 1203.4, though whether or not you are eligible can be affected by the specific charge and your previous conviction record. An expungement does not erase a conviction for federal immigration purposes, 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?
PC 1000 is available for qualifying first-time or low-level possession offenses and leads to dismissal after completing education and testing requirements. 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.
If I don't have a record, will my drug possession charge be a felony in Westminster, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Distribution, manufacturing, or trafficking charges are different, though: These are normally treated as felonies, even for a first-time offender.
Need a Drug Charges Lawyer in Westminster, CA? Call the Law Offices of David S. Chesley Today
This isn't a time to settle for "good enough." Your future matters, and it depends on partnering with the right defense attorney. We are ready to take your case.
The Westminster, CA, drug charges lawyers at the Law Offices of David S. Chesley are known for delivering positive outcomes for clients. We defend all kinds of major criminal charges, including drug crime allegations. We will always be honest with you and will fight for the best outcome possible.
Our firm can also assist you with the following legal services in Westminster, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Westminster drug crimes defense attorney right away at (800) 755-5174 or use our online contact form to schedule a free review of your charges.
Drug Charges Our Lawyers Fight in Westminster, 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
