Drug Charges Lawyer in Manhattan Beach, CA. There are a wide variety of drug laws you can be charged with breaking in Manhattan Beach, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These charges can include all kinds of substances from marijuana to fentanyl. If found guilty, you can face life-altering consequences.
You need representation that will fight for your freedom. You need Manhattan Beach, CA's criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Manhattan Beach drug charges lawyers know the ins and outs of California drug laws. We will listen to you explain your side of the story, discuss defense tactics, and stand by you in front of the judge and jury if your case reaches a trial. To begin building your defense, reach out to our legal team at (800) 755-5174 or ask about a free case review online right away.
Manhattan Beach, CA, Drug Charges Lawyer: Page Summary
Below, we will go over the importance of having a drug defense lawyer in Manhattan Beach, CA, different types of charges you might face, the most important things to look for in your defense lawyer, gameplans our attorneys use against drug accusations, and diversionary programs we can help you explore.
To focus on a particular topic, click on the appropriate link below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Manhattan Beach, CA
- Manhattan Beach, CA, Drug Types and Possible Penalties
- Categories of Drug Charges in Manhattan Beach, CA
- How Drugs Can Affect DUI Charges in Manhattan Beach
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Manhattan Beach, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Manhattan Beach, CA, Today
- All the Drug Charges Our Attorneys Fight Against
Don't Waste Time: Contact a Manhattan Beach, CA, Drug Charges Lawyer RIGHT AWAY
There's no such thing as a "minor" drug charge in Manhattan Beach, CA. Two people who committed similar acts can face very different charges, meaning there's always a risk of years in prison.
The first reason you should work with a drug charges lawyer as soon as possible is to help you understand the charges. A simple possession case takes a different set of skills than a drug trafficking case, and your defense attorney needs to know how to defend against whatever you've been accused of.
The second reason to call a local Manhattan Beach, CA, drug charges lawyer first thing in your case is to protect yourself from mistakes. If you say something incorrect in an interrogation, 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.
Finally, your drug charges lawyer will leverage local court relationships to explore different defense avenues. Acting fast prevents the state from getting a lead on you, and in many cases, we can file a motion to dismiss charges if we act early enough.
Drug Types and Legal Context in Manhattan Beach, CA:
When deciding on a Manhattan Beach, CA, drug charges lawyer, you want someone who can defend charges related to the specific kind of drug in the allegations. In the following section, you can read about what types of drugs we most frequently defend charges for in Manhattan Beach, CA.
| Drug Type | Description |
|---|---|
| Prescription Drugs | These include substances like Xanax or Adderall, which aren't supposed to be taken without a doctor's authorization. |
| Ecstacy | Also known as MDMA, Molly, and E. A stimulant often used at parties. |
| Cocaine | A highly addictive stimulant 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 very addictive substance, and one of the most dangerous opioids. The state tends to impose harsh penalties in heroin cases. |
| Fentanyl | An extremely dangerous type of opioid — 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, 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 typically charged as felonies, and the sentence can change based on the specific substance and quantity involved.
- Fentanyl cases are particularly harsh: Proposition 36 (2024) created a list of drugs, including fentanyl, which can trigger felony enhancement if possessed along with a loaded firearm.
- 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 our office for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Manhattan Beach, 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, allowing it in recreational circumstances.
Since California no longer criminalizes using it, marijuana (AKA cannabis) cases in Manhattan Beach, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. For example, you're allowed to grow a small number of plants for personal use, but they must be kept in a private, secure area.
Marijuana Legal Overview:
- Adults over the age of 21 can carry 28.5 grams of marijuana on their person
- Typically, adults over 21 can grow up to six marijuana plants
- Federal law still makes marijuana usage illegal.
How Your Manhattan Beach, CA, Drug Charges Lawyer Can Help: If you've been accused of marijuana-related charges, your lawyer can help. For example, we can argue that you were permitted to have cannabis, argue that you remained within legal limitations, and/or show that it was properly handled at all times.
Different Types of Drug Charges in Manhattan Beach, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Manhattan Beach, CA. Whatever charges you are facing, we're ready to defend your innocence. In the sections below, you can learn about different categories of drug crimes and what a lawyer can do to assist you.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Manhattan Beach, 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 Manhattan Beach, CA, drug charges lawyer fight for illegally obtained evidence to be thrown out, and can be by your side every step of the way.
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. In most cases, the prosecution will choose to treat these as misdemeanors, limiting the potential sentence to one year in jail.
Drug Production/Transport/Distribution Charges
While drug possession and use charges target the buyer, drug production, transportation, and distribution charges target the seller.
- Manufacturing or Producing Controlled Substances
- Cultivation of Marijuana
- Maintaining a Place for Drug Sales/Use
- Drug Trafficking
- Transportation of a Controlled Substance
- Sale of Controlled Substance
- Drug Possession for Sale
A conviction of one of these charges typically means a much longer prison sentence than for simple 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: HS 11351 covers standard drug dealing charges, formally known as "possession for sale." The exception is methamphetamine, which is covered by HS 11378. When charged as a 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. Unlike simple possession, these charges are generally not eligible for PC 1000 or Prop 36 treatment diversion unless your attorney can negotiate the charge down to simple possession.
Drug Charge Enhancements
California's drug charge enhancement laws can be very different from each other, but all have one thing in common: They don't stand on their own. Before you can be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Manhattan Beach, 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 can come from any category of alleged drug offense. What sets these apart is that you're fighting against the federal government instead of the local Manhattan Beach prosecutor.
These can include anything from manufacturing 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 a leading criminal defense lawyer who's prepared to match the federal prosecutor. Our office will conduct investigations, research applicable laws, dissect the case against you, and do whatever we can to secure a favorable outcome for you.
DUIs and Drug Charges Defense in Manhattan Beach, CA
Drug cases often intersect with another type of case in Manhattan Beach, CA: DUIs. Drug DUI defense cases cover a wide range of situations, including everything from driving while high on marijuana to driving after taking certain medications. Legal regulations often make these charges more serious than typical DUIs. For example, you can be taken into custody if there is any amount of THC in your system while driving (as opposed to 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 a skillful Manhattan Beach, CA, DUI defense lawyer who argue for 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.
Top Manhattan Beach, CA, Drug Charges Lawyer Qualitites
When you are considering your options for a drug charges lawyer in Manhattan Beach, CA, it can be a challenge 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:
- Extensive Experience fighting against these charges
- Personal Experience as a prosecutor
- A History of Victories versus the prosecution in drug cases
- Availability Anytime so that you can get help when you need it most
We don't make false promises about your case, and you can call us 24/7 if something new develops.
Strong Defense Strategies Our Attorneys Use in Drug Cases
Whatever law you're accused of breaking, you have your own unique story to tell. The details are different for every criminal case in Manhattan Beach, CA, and you should have a tailored defense plan to match.
Our attorneys treat every client as an individual. Below 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: 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.
- Didn't Belong to You: If the substance in question was, in fact, illegal, but belonged to another person, you shouldn't face possession charges.
- Entrapment: In some cases, if an undercover police officer coerced you into breaking a drug law, you can be found innocent of the criminal charges.
- 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: Plea negotiations not only reduce the level of charges you're facing, but can also open up diversion avenues.
If someone's accused you of a drug crime in Manhattan Beach, CA, reach out to the Law Offices of David S. Chesley now.
Manhattan Beach, CA, Drug Charge Diversion Options:
Manhattan Beach has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Manhattan Beach, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must fit certain criteria. Below are two of the most relevant programs:
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 works differently than a traditional diversion program.
A 2024 Health and Safety Code § 11395 treatment background-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.
Your Manhattan Beach, 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.
Immigration Consequences of a Drug Conviction
If you are not a U.S. citizen, you might have to defend yourself against removal as well as criminal charges — 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 specific exception: a simple possession charge with 30 grams or less of marijuana (not for distribution). This applies to lawful permanent residents ("green card" holders) as well as visa holders, and it applies regardless of whether the state court sentence includes any jail time.
Important factors to be aware of:
- Simple possession for personal use (other than certain rare substances) is ordinarilly 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 required to advise a client of these immigration consequences before a plea is entered. An attorney who understands both sides can negotiate a resolution — such as a plea deal to another, non-drug charge, or a disposition that doesn't include specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because a criminal record can bring immigration consequences regardless of the sentence, you need to get expert help as soon as you're aware of an investigation. If you are a lawful permanent resident or visa holder fighting a drug case, tell your attorney immediately — they should take immigration factors into account when working on your case.
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 a drug conviction be expunged in Manhattan Beach, 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.
Does Manhattan Beach, CA, prosecute drug possession charges as felonies?
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.
