Drug Charges Lawyer in Fontana, CA. There are a wide variety of drug laws you can be charged with breaking in Fontana, CA. Everything from manufacturing to simple possession can send you to jail. These charges can include all kinds of substances from cannabis to fentanyl. If found guilty, you can face life-altering consequences.
Get help before it's too late. You need Fontana, CA's leading criminal defense legal team on your case. You need the Law Offices of David S. Chesley.
Our local Fontana drug charges lawyers are avaialble 24/7 to help you. We will give you honest advice, discuss defense tactics, and fight for the best deal or other outcome in your case. To begin fighting the charges, call our legal team at (800) 755-5174 or use our contact form right away.
Fontana, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about how a Fontana, 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, strategies we may use in your case, and diversionary programs we can help you explore.
To learn about a specific 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 Fontana, CA
- Popular Drug Types and Possible Penalties
- Different Types of Drug Crime Allegations in Fontana, CA
- Intersections Between Drugs and DUIs in Fontana
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Fontana, CA, Drug Charge Diversion Options
- Immigration Consequences of a Drug Conviction
- Drug Crime FAQs
- Contact Your Fontana, CA, Drug Charges Attorney Now
- All the Drug Charges Our Lawyers Defend Against
Why You Need a Drug Charges Lawyer in Fontana, CA, NOW
Drug charges in Fontana, CA, always need to be taken seriously. The same action can be interpreted by the state in multiple ways, meaning you can always face years in prison.
The first reason you need a drug charges lawyer without hesitation is to give you an understanding of the accusations. A simple possession case looks very different from a drug trafficking case, and your defense attorney should understand how to defend against whatever you've been accused of.
The second reason to call a local Fontana, CA, drug charges lawyer as soon as you've been accused is to stop yourself from making a mistake. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. A drug charges defense attorney can advise what to share and what not to share with the state.
Finally, your drug charges attorney will give you access to expertise and relationships you wouldn't otherwise have. Early intervention prevents the state from getting a lead on you, 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 Fontana, CA, Legal Cases:
When picking a Fontana, CA, drug charges lawyer, you should go with an attorney who can defend charges related to the specific kind of drug in the allegations. In the following section, we've listed some of the substances against which we have practice defending related charges.
| Drug Type | Description |
|---|---|
| Prescription Drugs | While most prescription drugs are technically legal, it can be illegal to possess or use them without permission. |
| Ecstacy | A man-made psychoactive drug. Long term use may impair an individual's memory and learning abilities. |
| Cocaine | A highly addictive drug derived from a South American plant It is taken in a variety of ways. |
| Methamphetamine | Synthetic stimulant originally used to improve focus, but with serious side effects. |
| Opioids | Class of drugs originally intended for use as pain relievers. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Potential legal consequences vary significantly based on substance, how much there was, any prior convictions, and the act you're being accused of. As an overview:
- 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 rarely treated as misdemeanors. They're often felonies, with sentencing ranges that depend heavily on the specific substance and amount involved.
- Fentanyl is treated extra seriously: 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.
- 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 us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Fontana, CA
Marijuana Description: Marijuana is a plant which contains THC, a chemical compound with psychoactive properties. While the state used to have laws against its use, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because California no longer criminalizes using it, marijuana (AKA cannabis) cases in Fontana, CA, frequently have more to do with how it was used, rather than just that it was used. As an 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
- Generally, it is legal to grow up to six marijuana plants for personal use
- Still illegal to use or possess under federal law.
How Your Fontana, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer can help. For example, we can show the legality of your ownership, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Drug Charge Categories in Fontana, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Fontana, 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 Fontana, CA, are often those related to possession. 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 Fontana, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, 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. 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
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
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: Possession for sale generally falls under HS 11351 (most controlled substances) or HS 11378 (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 one thing connects them together: They don't exist in a vacuum. Before you can be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Fontana, 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. What sets these apart is that the U.S. government is prosecuting you, not just the Fontana district attorney.
These can include anything from production to transportation 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, up to and including life imprisonment and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a leading criminal defense lawyer who's prepared to fight the United States government. Our office will protect your rights, research applicable laws, review evidence, and do whatever we can to secure a positive result for your case.
DUIs and Drug Charges Defense in Fontana, CA
There isn't one single law that completely covers DUIs involving illegal substances. 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 up against drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Fontana, CA, DUI defense lawyer who argue for you both in criminal court and at the DMV hearing. But you need to act fast — 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 Fontana, CA, it can be overwhelming 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 crimes defense attorney:
- Vast Experience fighting against these charges
- Personal Experience as a prosecutor
- A Reputation of Delivering Positive Outcomes against the state for these charges
- Availability Anytime so that you can get help when you need it most
We will always be honest with you about the state of your case, and you can talk to us 24/7 if something new develops.
Possible Defense Tactics Against Drug Charges
Whatever law you're accused of breaking, you have your own unique story to tell. Everyone in the Fontana, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to match.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some powerful strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: By getting evidence thrown out, the case against you can be weakened.
- 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 some cases, if an undercover law enforcement agent coerced you into breaking a drug law, you cannot be held liable for doing so.
- Prescription: These defenses hinge on your medical status, and if a doctor prescribed you a given 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've been accused of a drug crime in Fontana, CA, reach out to an attorney at our offices today.
Fontana, CA, Drug Charge Diversion Options:
Fontana has diversion and treatment options available — be sure to ask your Fontana, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. These are some of the :
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)
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.
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.
The 2024 § 11395 process is not an automatic substitute for custody or a guaranteed sealed record. A person may elect the statutory treatment background path if the charge and priors qualify; after successful completion, a positive program recommendation and the required motion, the court shall dismiss the charge. Section 11395(d)(3) applies the stated Penal Code § 1000.4 arrest-record protections, including exceptions; a separate sealing order is permissive, not automatic. If treatment is refused or fails, the court applies the statute’s hearing and sentencing rules to the actual case.
Your Fontana, 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.
Immigration Consequences of a Drug Conviction
If you are a lawful permanent resident or are in Fontana, CA, on a work visa, 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: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This applies to 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 generally a deportable offense, 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 significantly more serious. They are often considered 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 supposed 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 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 a criminal record can bring immigration consequences regardless of the sentence, it's important to avoid mistakes from the very start of your case. If you are an immigrant 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 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
Do I need to answer police questions if I have illegal drugs on me?
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 get my record sealed after a drug conviction in Fontana, 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.
If I don't have a record, will my drug possession charge be a felony in Fontana, 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.
