Drug Charges Lawyer in Beverly Hills, CA. There are a wide variety of drug laws you can be charged with breaking in Beverly Hills, CA. 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 cannabis to opioids. But they all share one thing in common: Major legal consequences.
Don't let these accusations derail your life. You need Beverly Hills, CA's criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Beverly Hills drug charges lawyers are ready for your case today. We will give you honest advice, explain your best options, and fight for the best deal or other outcome in your case. To start fighting the charges, contact our attorneys at (800) 755-5174 or ask about a free case review online today.
Beverly Hills, CA, Drug Charges Lawyer: Page Summary
In this article, we will go over the importance of having a drug defense lawyer in Beverly Hills, CA, the types of substances considered illegal in Beverly Hills, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
To learn about a specific topic, click on the appropriate link in the list below to skip ahead and learn more:
- What Your Beverly Hills, CA, Drug Crimes Lawyer Will Do For You
- Popular Drug Types and Potential Penalties
- Categories of Drug Charges in Beverly Hills, CA
- Intersections Between Drugs and DUIs in Beverly Hills
- 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 Allegation FAQs
- Contact Your Beverly Hills, CA, Drug Charges Attorney Now
- All the Drug Charges Our Attorneys Fight Against
Why You Need a Drug Charges Lawyer in Beverly Hills, CA, NOW
There's no such thing as a "minor" drug charge in Beverly Hills, CA. 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 immediately is to explain the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your drug defense attorney should have strategies to defend against whatever you've been accused of.
The second reason to get in touch with a local Beverly Hills, CA, drug charges lawyer first thing in your case is to stop yourself from making a mistake. After a police interview without proper legal representation, the charges could be elevated and the state's case strengthened. A drug charges defense attorney can advise what to share and what not to share with the state.
On top of that, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early 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 act early enough.
Common Drug Types in Beverly Hills, CA, Legal Cases:
When deciding on a Beverly Hills, CA, drug charges lawyer, you should pick somone who has experience with the type of drug you're facing allegation for. Below, 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 | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive stimulant which can cause intense effects Its use can harm the brain, as well as several other organs. |
| 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. 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, how much there was, prior 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, with sentencing ranges that depend heavily on the specific substance and quantity involved.
- Fentanyl carries additional exposure: 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.
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 walk you through what you're actually facing.
Marijuana in Beverly Hills, 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 local laws allow for limited use, marijuana (AKA cannabis) accusations in Beverly Hills, CA, typically 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:
- 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 Beverly Hills, 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 off the proper regulatory procedures which you adhered to.
Different Types of Drug Charges in Beverly Hills, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Beverly Hills, CA, area. 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 Beverly Hills, CA. 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 Beverly Hills, 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 specifically falls under 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 allegations are almost always considered more serious than possession. 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: The two main possession for sale charges you will see in Beverly Hills, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). When charged as a felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. Sale or transportation for sale is charged under HS 11352 (most substances) or HS 11379 (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 can be very different from each other, but they share one common attribute: They don't exist on their own. In order to be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Beverly Hills, 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 the federal government is prosecuting you instead of the state government.
These can include anything from production to transportation to running a drug ring, but most often will involve large quantities and/or crossing state lines. The penalties are often much harsher, 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 an experienced criminal defense lawyer who's prepared to match the federal prosecutor. Our team of attorneys will learn your side of the story, develop a strong defense strategy, challenge evidence, and do whatever we can to secure a positive result for you.
Beverly Hills, CA Drug Charges and DUIs
DUIs and drug charges don't always go together in Beverly Hills, CA, but when they do, these cases can be particularly tricky to fight. Drug DUI defense cases can include a several circumstances, 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 arrested if there is any amount of THC in your system while driving (as opposed to alcohol).
When up against drug DUI charges, you need more than a drug charges lawyer. You also need a leading Beverly Hills, CA, DUI defense lawyer who defend you both in criminal court and at the DMV hearing. Contact a lawyer right away — for most DUI cases, you need to request a hearing within ten days of your arrest.
What to Look For in a Drug Charges Lawyer
When you are considering your options for a drug charges lawyer in Beverly Hills, CA, it can be overwhelming 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
- Personal Experience as a prosecutor
- A Track Record of Success versus the prosecution in drug cases
- Availability Anytime because emergencies don't always happen in business hours
You can trust us to always be upfront with your case, and you can talk to us 24/7 if you have any questions or concerns.
Powerful Drug Crime Accusation Defenses
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Beverly Hills, CA, 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. 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: 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: 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 some cases, if an undercover 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: 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've been accused of a drug crime in Beverly Hills, CA, reach out to our firm for immediate help.
Beverly Hills, CA, Drug Charge Diversion Options:
Beverly Hills has diversion and treatment options available — be sure to ask your Beverly Hills, 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 pretrial diversion is a pretrial diversion path for specified eligible charges and people under Penal Code §§ 1000–1000.1. The present process begins with a not-guilty plea and court-approved education or treatment conditions, rather than the former guilty-plea Deferred Entry of Judgment procedure. After satisfactory completion, a positive program recommendation and the required motion, the court dismisses the eligible charge within the statutory period. The actual order and Penal Code § 1000.4 control arrest-record effects and exceptions; enrollment alone does not promise dismissal or erase every consequence. For related context, see collateral consequences.
Proposition 36 (2024)
The 2024 Proposition 36 treatment laws created a treatment-mandated felony process in Health and Safety Code § 11395 for specified repeat possession cases. It is different from the 2000 Proposition 36 treatment law and from current PC 1000 pretrial diversion. Counsel should compare the filed offense, substance and criminal-history allegation with the specific statute before describing an available treatment path.
A 2024 Health and Safety Code § 11395 treatment-mandated felony allegation requires a qualifying current possession offense involving a listed drug and at least two prior convictions for the statutes enumerated in § 11395(c). Those priors must be alleged in the accusatory pleading and admitted in open court or found true. Two unspecified “drug convictions” do not establish eligibility or felony exposure. A person electing the treatment path pleads guilty or no contest, admits qualifying priors and has judgment deferred during an individualized court-approved program.
Rather than an automatic alternative to jail, this creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); you can opt to refuse treatment, but you'll be up against the underlying felony charge, including up to three years in custody. 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 Beverly Hills, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, help you decide what route to take, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
If you are a lawful permanent resident or are in Beverly Hills, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — and this is an area where our firm's dual criminal defense and immigration practice gives clients a real advantage.
Under federal immigration law, a conviction for almost any controlled substance offense can make a non-citizen deportable, with one specific exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). 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.
Some important things to keep in mind:
- Simple possession for personal use (for the majority of drugs) 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 significantly more serious. They are often considered 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 is required to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — such as a plea to a non-drug 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 immigration consequences are triggered by conviction, not just 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 plays a major role in your case, and your lawyer should help you on both fronts.
Frequently Asked Questions
Will a drug charge show up on a background check even if the case is dismissed?
An arrest or dismissed case can appear in some records. PC 1000 and the 2024 § 11395 treatment path have different entry requirements and defined dismissal effects. Penal Code § 1000.4 deems a qualifying arrest not to have occurred after successful diversion for specified purposes but contains law-enforcement and licensing exceptions; a sealing order may be issued. Ask counsel what the actual disposition and order mean for a particular background check, license or immigration question rather than assuming every record vanishes.
Reading the charge and the two drug-treatment laws
The complaint and citation matter more than a broad label such as “drug crime.” Simple possession under Health and Safety Code § 11350 or § 11377, being under the influence under § 11550, possession for sale under § 11351 or § 11378, and transportation for sale under § 11352 or § 11379 require different proof. If police found an item in a shared car or room, the government still has to prove knowing control of the charged substance; shared access alone neither proves nor defeats possession. If a sale allegation appears, ask what evidence supports intent to sell beyond the amount. If a transportation allegation appears, the current statutes require transportation for sale. Keep the complaint, release conditions, any search inventory and later lab result together so counsel can compare what was first alleged with what was actually filed.
PC 1000 today is pretrial diversion, not a present-day guilty-plea “Deferred Entry of Judgment” procedure. Penal Code § 1000 lists eligible offenses and history/charge conditions. Section 1000.1 says the defendant pleads not guilty, waives specified speedy-hearing and trial rights, and may enter a court-approved education or treatment program. The court dismisses an eligible charge after successful completion, a positive recommendation and the required motion within the statutory timing. Enrollment alone does not dismiss the case. Some court pages still use the older DEJ shorthand; the actual statutory procedure and signed order control. Section 1000.4 defines the qualified arrest-record effect and exceptions, including licensing and law-enforcement contexts. It permits, rather than automatically issues, a sealing order.
The 2024 Proposition 36 is different from the 2000 Proposition 36 treatment measure. The newer measure added Health and Safety Code § 11395, a treatment-mandated felony process for specified possession offenses and substances. Two prior convictions are relevant only if they are among the statutes listed in § 11395(c), are alleged in the charging paper, and are admitted or found true. A person who elects the statutory treatment path pleads guilty or no contest and admits qualifying priors, with judgment deferred while treatment proceeds. After successful completion, a positive recommendation and the specified motion, the court dismisses the charge and applies the arrest protections the law identifies. This is not automatic eligibility for anyone with “two drug priors,” and it should not be confused with current PC 1000. The old and new Proposition 36 paths have different plea and record consequences.
The defense review should match the charge to evidence: source and custody of any substance, laboratory identification, who controlled the location, statements and recordings, alleged sale indicators, search authority, and prior-conviction documents. A person considering treatment should ask about program length, cost, attendance, testing, consequences of noncompletion and whether the actual case qualifies. A noncitizen should obtain criminal and immigration advice before any admission or plea; a California dismissal does not answer every federal question. If professional licensing, employment, or a driving allegation also matters, raise it at the start rather than relying on a generic promise that a drug case will leave “no record.”
Evidence questions to bring to the first case review
Write a private timeline of the stop, search and arrest while details are fresh. Note who could access the vehicle, room, bag or device; where each item was located; what the officer said was observed; and whether a search warrant, claimed consent or other asserted authority appears in the report. Keep a copy of lawful prescription records, relevant messages, treatment documentation and any witness names for counsel. Do not ask others to coordinate stories or delete material. The defense may need to compare body-camera footage, dispatch records, laboratory notes and chain-of-custody records with the filed charge rather than relying on the arrest summary alone.
If the accusation is possession for sale, ask which facts are alleged to show intent to sell and whether the prosecution can actually link those facts to the accused person. Packaging, cash or phone messages can have more than one explanation; they do not replace proof of the statutory elements. If the accusation is transportation for sale, ask what supports the for-sale purpose rather than assuming any travel with a substance meets the charge. A manufacturing or cultivation count needs its own process, equipment, plant-count and control analysis. A firearm, school-zone, jail-entry or fentanyl enhancement must be identified separately in the papers and supported by the additional facts its statute requires. That distinction keeps a serious enhancement from being treated as an automatic consequence of the base drug count.
Finally, keep court and administrative papers separate. A possession citation is not itself a drug-impaired-driving charge. If officers also allege driving under the influence, review the vehicle-law count, test timeline and any DMV notice with counsel as distinct deadlines. If a case is dismissed or completed through diversion, request the final minute order and ask what record relief actually follows. The court’s order, not a generic online success story, determines the next administrative step.
More questions about drug charges
If the police catch me with drugs in my possession, do I have to answer their questions?
Comply with lawful instructions and give identifying information when required, but do not assume you must discuss the alleged substance or sign a narrative statement without counsel. Ask to speak with a lawyer. Preserve any citation, search inventory and release paper so counsel can review the actual charge and how the evidence was obtained.
Can I expunge a previous drug conviction in Beverly Hills, CA?
California offers different dismissal and record-relief paths; “expunged” and “sealed” are not the same. Penal Code § 1203.4 is a qualified dismissal, not deletion for every purpose. A successful PC 1000 case has the specific arrest-record rules in § 1000.4, including exceptions. An attorney should review the actual disposition, program completion and application before predicting what a background check or licensing agency will see.
What's the difference between PC 1000 and Proposition 36 diversion?
Current PC 1000 under Penal Code §§ 1000–1000.1 is pretrial diversion for eligible charges and people, with a not-guilty plea and specified program conditions. The 2024 Proposition 36 added HSC § 11395 for certain repeat possession allegations with enumerated priors; a treatment election involves a guilty or no-contest plea with judgment deferred. The 2000 Proposition 36 treatment law is different again. Eligibility and record effects depend on the actual statute and court order.
Is a first-time drug possession charge a felony in Beverly Hills, CA?
A first arrest does not determine the charge by itself. Many simple-possession allegations are misdemeanors, but the substance, alleged conduct, a sale or manufacturing count, an enhancement, or a qualifying history can change the analysis. The 2024 HSC § 11395 treatment-mandated felony requires specified current possession conduct and enumerated priors alleged and established. Have counsel read the complaint and history before drawing a sentencing conclusion.
