Drug Charges Lawyer in Whittier, CA. There's no such thing as a "good" drug charge to be accused of in Whittier, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from marijuana 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 Whittier, CA's leading criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Whittier drug charges lawyers are ready for your case today. 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, reach out to our law offices at (800) 755-5174 or use our contact form now.
Whittier, CA, Drug Charges Lawyer: Page Summary
Below, we will go over how a Whittier, CA, drug defense attorney will protect your rights, different types of charges you might face, the key factors you want your defense team to have, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
If you want to read about a particular topic, click on the appropriate link in the following menu to jump ahead and learn more:
- Why You Need a Drug Charges Lawyer in Whittier, CA, NOW
- Common Drug Types and Possible Penalties
- Different Types of Drug Charges in Whittier, CA
- Intersections Between Drugs and DUIs in Whittier
- What to Look For in a Drug Charges Lawyer
- 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
- Need a Drug Charges Lawyer in Whittier, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Firm Will Defend Against
Why You Need a Drug Charges Lawyer in Whittier, CA, NOW
There's no such thing as a "minor" drug charge in Whittier, CA. The same action can be interpreted by the state in multiple ways, meaning you're risking an extended stay in jail.
The first reason you should contact a drug charges lawyer without hesitation is to help you understand the charges. A simple possession case looks very different from a possession-for-sale case, and your drug defense attorney needs to know how to fight your particular charges.
The second reason to get in touch with a local Whittier, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. Your defense attorney can advise what to share and what not to share with the state.
On top of that, your drug charges lawyer will open doors for new strategies through plea negotiations. Early intervention 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 we act early enough.
Common Drug Types in Whittier, CA, Legal Cases:
When deciding on a Whittier, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. In the following section, we've listed some of the substances against which we have practice defending related charges.
| 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 | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive stimulant derived from a South American plant Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A class of drugs, including both prescription medications and fully illegal 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 | 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 accusation you're facing. As a general framework:
- 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) 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.
- Most of the time, federal drug charges result in harsher, longer sentences.
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 walk you through what you're actually facing.
Marijuana in Whittier, 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, legalizing its recreational use.
Because local laws allow for limited use, marijuana (AKA cannabis) accusations in Whittier, CA, most often 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
- Typically, adults over 21 can grow up to six marijuana plants for recreational purposes
- Federal law still makes marijuana usage illegal.
How Your Whittier, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys can help. For example, we can show the legality of your ownership, show that you did not violate any regulations, and/or show that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in Whittier, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Whittier, CA. Whatever charges you are facing, we're ready to defend your innocence. 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
Drug possession charges are some of the most basic in Whittier, CA. 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 Whittier, 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: 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
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
A conviction of one of these charges typically means a much longer prison sentence than for simple possession. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: The two main possession for sale charges you will see in Whittier, 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. 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 one thing connects them together: They don't stand on their own. Before you can be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Whittier, 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 taking part in a drug conspiracy, but normally it will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 who has the strength to fight the federal prosecutor. Our team of attorneys will conduct investigations, look for legal loopholes, review evidence, and make every effort to secure a positive outcome for you.
The Intersection Between Drug Charges and DUIs in Whittier, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover 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 up against this type of charge, you need more than a drug charges lawyer. You also need a skillful Whittier, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI accusations, you need to request a hearing within ten days of your arrest.
How to Find the Right Drug Crimes Defense Attorney
When you are considering your options for a drug charges lawyer in Whittier, CA, it can feel impossible 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 see in your drug allegations defense attorney:
- Extensive Experience defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Existing Relationships with prosecutors and judges 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 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 Californians.
We don't make false promises about your case, and you can get a hold of us 24/7 if something new develops.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Whittier, CA, criminal courts is there under different circumstances, and you should have a tailored defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Here are some powerful 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: 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 law enforcement agent coerced you into buying or using illicit drugs, you may be exempt from a conviction.
- 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: 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're looking for a drug charges lawyer in Whittier, CA, contact one of our lawyers now.
Whittier, CA, Drug Charge Diversion Options:
Whittier has diversion and treatment options available — be sure to ask your Whittier, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
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 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 works differently than a traditional diversion program.
Under the modern rules, 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.
Rather than an automatic alternative to jail, this creates 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 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 Whittier, CA, drug charges lawyer will help you navigate treatment-mandated felony charges, help you decide what route to take, and stand by your side no matter which route you take.
How a Drug Conviction in Whittier, CA, Affects Immigration Status
If you are not a U.S. citizen, 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.
Most drug charge convictions are grounds for deportation, but there is 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 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 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 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 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 to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — which minimizes your chances of being deported.
Because immigration consequences are triggered by conviction, not just sentence, it's important to avoid mistakes from the very start of your case. If you are a non-citizen facing any drug crime allegation, tell your attorney immediately — this materially changes how your case should be defended.
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 you were able to take advantage of a diversion program like PC 1000 or Proposition 36, you may be eligible to have the arrest sealed or the record cleared — an attorney can help you explore these options.
Do I have to talk to police if I'm caught with drugs?
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 request counsel 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 Whittier, 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. The conviction can still potentially be used as grounds for deportation, though, which is why green card and visa holders 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. 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. 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 Whittier, CA?
Simple possession of most controlled substances for personal use is typically a misdemeanor for first-time offenders. Possession with intent to sell, manufacturing, or trafficking charges are generally felonies regardless of prior record.
Need a Drug Charges Lawyer in Whittier, 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 lawyer. Our team is ready to stand by your side.
The Whittier, 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 build a strong defense for you against your charges.
The Law Offices of David S. Chesley also offers the following legal services in Whittier, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to your Whittier drug charges defense lawyer today at (800) 755-5174 or tell us about your case online for a confidential 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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