Drug Charges Lawyer in Westminster, CA. Whatever drug accusations you're facing in Westminster, CA, it's not an easy thing to handle. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These laws cover substances from prescription medications to heroin. But they all share one thing in common: Major legal consequences.
Stop these charges before it becomes a worst-case scenario. You need Westminster, CA's premier criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Westminster drug charges lawyers are ready for your case today. We will research the statute in detail, identify weaknesses in the prosecution's case, and fight for the best deal or other outcome in your case. To begin fighting the charges, call our representatives at (800) 755-5174 or use our contact form today.
Westminster, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in Westminster, CA, the types of substances considered illegal in Westminster, the most important things to look for in your defense lawyer, effective defense tactics against all sorts of charges, 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:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Westminster, CA
- Westminster, CA, Drug Types and Their Penalties
- Different Types of Drug Charges in Westminster, CA
- DUIs and Drug Charges Defense in Westminster, CA
- What to Look For in a Drug Charges Lawyer
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Charge FAQs
- Get in Touch With a Drug Charges Lawyer in Westminster, CA, Today
- All the Drug Charges 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. The same action can be interpreted by the state in multiple ways, meaning there's always a risk of felony consequences.
The first reason you should work with a drug charges lawyer as soon as possible is to give you an understanding of the accusations. A simple possession case needs a different strategy than a drug trafficking case, and your drug defense attorney needs to know how to defend each.
The second reason to contact a local Westminster, CA, drug charges lawyer first thing in your case 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. A drug charges attorney can advise what to share and what not to share with the state.
Lastly, your drug charges attorney will leverage local court relationships to explore different defense avenues. Acting fast lets us build a defense before the prosecution has completed its case, and in many cases, we can file a motion to dismiss charges if the evidence is in your favor.
Drug Types and Legal Context in Westminster, CA:
When you work with a Westminster, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. 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 | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive drug that can be either a powdered form or a solid rock (Crack) Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A stimulant known to affect people's energy levels and emotional stability. |
| Opioids | A category of addictive painkillers. These include morphine, oxycodone, and heroin. |
| Heroin | An extremely dangerous drug made by processing morphine. Courts and prosecutors often treat heroin charges harshly. |
| 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. |
Sentences vary significantly based on substance, quantity, your criminal record, and the type of charge. 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 are more serious charges. Most accusations are felonies, and the sentence can change based on the specific drug 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 us for a free case review and we'll walk you through what you're actually facing.
Marijuana in Westminster, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. Smoking marijuana used to be illegal in California, but in 2016 the state passed Proposition 64, letting people use it recreationally.
Since it has been legalized for recreational use, marijuana (AKA cannabis) cases in Westminster, CA, most often have more to do with how it was used, rather than just that it was used. 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, adults over 21 can grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Westminster, CA, Drug Charges Lawyer Can Help: If you've been accused of 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 make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Westminster, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Westminster, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
The most common drug charges in Westminster, CA, are often those related to possession. These can be charged for any illegal substance 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 Westminster, 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: Simple possession of most hard drugs falls under Health and Safety Code 11350, while possession of methamphetamine is instead covered by HS 11377. Generally, these possession charges are handled as misdemeanors.
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 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: The two main possession for sale charges you will see in Westminster, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight 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. With the help of an experienced Westminster, 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 can be very different from each other, but all have one thing in common: They don't exist in a vacuum. To be charged with an enhancement, there has to be another criminal accusation.
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 isn't a 'category' in the same way that the above types of charges are. The difference is that you're fighting against the federal government instead of the local Westminster prosecutor.
These can include anything from production to transportation to drug smuggling, but most often 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 with the resources to match the federal prosecutor. Our office will protect your rights, develop a strong defense strategy, challenge evidence, and make every effort to secure a favorable outcome for you.
DUIs and Drug Charges Defense in Westminster, CA
Drug cases often intersect with another type of case in Westminster, CA: DUIs. Drug DUI defense cases can include a many different circumstances, including everything from driving while high on marijuana to driving after taking certain medications. What's worse, 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 don't just need a drug charges lawyer. You also need an expert Westminster, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, you only have ten days after an arrest to request a hearing.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Westminster, CA, it can be a challenge trying to decide the right person to represent you. Your life may depend on it, after all.
Here are the top factors you want to look for in your drug defense attorney:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships with prosecutors and judges in your local county
- A History of Victories versus the prosecution in drug cases
- 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 five decades of combined legal experience, including as both prosecutors and defense attorneys. We offer legal services throughout 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.
Possible Defense Tactics Against Drug Charges
Your charges might be the same as someone else's, but your case is unique. The details are different for every criminal case in Westminster, CA, and you should have a customized defense strategy to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. 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: 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.
- Not Your Drugs: You can argue this if you were present in an area while drugs were there, but they were not yours and you weren't using them.
- Entrapment: In rare cases, if an undercover police officer coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- 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 Westminster, CA, contact one of our attorneys now.
Westminster, CA, Drug Charge Diversion Options:
Westminster has diversion and treatment options available, which your Westminster, CA, drug charges lawyer can try to utilize in 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. If you participate in this, you can expect to participate in drug education classes, requirements to stay sober, and regular drug testing. The advantage of PC 1000 is that you don't end up with a conviction on your record — after completing the program, the case against you is dismissed. This helps you avoid 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 takes a different approach than a typical diversion program.
Under the 2024 version, 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, you avoid a conviction; if you don't take this option, you'll have to fight the felony charge, including up to three years in custody. The law also heightened potential drug crime sentences, depending on the quantity and type of substance, and updated firearm-related enhancement laws to include fentanyl on the list of relevant substances.
Your Westminster, CA, drug charges lawyer is here to help you understand the charges, explore sentencing and charge alternatives with you, and come up with a strategy that maximizes your chances of a positive outcome.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
The federal government can initiate removal proceedings for most drug convictions, with one narrow 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 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 (for the majority of drugs) is normally enough to qualify for removal, 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 is required to tell you about these immigration consequences before you make a plea. Our firm works hard to find outcomes — such as a plea to a non-drug offense, or a disposition that avoids specific "aggravated felony" language — that defends your legal status in the country, as well as your criminal record.
Because immigration consequences are triggered by conviction, not just sentence, you need to get expert help as soon as you're aware of an investigation. If you are a non-citizen facing any drug case, 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 you're not convicted of the underlying charge, a background check can still show the 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.
Do I have to talk to police if I'm caught with drugs?
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 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 Westminster, 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 whether or not you are eligible can be affected by the specific charge and your previous conviction record. This isn't as definitive of an answer in regards to immigration, though: The federal government will still be able to see the conviction, which is why non-citizens need immigration-aware counsel handling both the criminal case and any later cleanup.
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. Your eligibility is ultimately determined by the underlying charge and your existing record.
Does Westminster, CA, prosecute drug possession charges as felonies?
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.
Talk to a Drug Charges Defense Lawyer in Westminster, CA, Today
These charges need to be treated seriously It's important to fight for a positive outcome, and it depends on working with the right defense lawyer. Fortunately, we're here to help.
The Westminster, 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 defend all kinds of major criminal charges, including drug crime allegations. We will build a strong defense for you against your charges.
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
Get in touch with your Westminster drug defense attorney today at (800) 755-5174 or tell us about your case online to set up a free case evaluation.
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)
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