Drug Charges Lawyer in Palmdale, CA. Drug crimes in Palmdale, CA, come in many forms. You could be accused of possessing them, selling them, or making them. These statutes regulate substances from marijuana to heroin. If found guilty, you can face life-altering consequences.
Don't let these accusations derail your life. You need Palmdale, CA's leading criminal defense attorney defending your rights. You need the Law Offices of David S. Chesley.
Our local Palmdale drug charges lawyers are avaialble 24/7 to help you. We will give you honest advice, explain your best options, and represent you all the way through trial. To begin building your defense, call our legal team at (800) 755-5174 or ask about a free case review online today.
Palmdale, CA, Drug Charges Lawyer: Page Summary
On this page, we will go over the importance of having a drug defense lawyer in Palmdale, CA, categories of drug crime allegations in Palmdale, the key factors you want your defense team to have, strategies we may use in your case, and the intersection between drug charges and DUIs in Palmdale.
If you want to read about a specific topic, you can use the links in the list below to skip ahead and learn more:
- The Importance of Working With a Drug Charges Lawyer in Palmdale, CA
- Palmdale, CA, Drug Types and Possible Penalties
- Categories of Drug Charges in Palmdale, CA
- Intersections Between Drugs and DUIs in Palmdale
- Top Drug Defense Attorney Qualities
- Possible Defenses That We Use in Drug Cases
- Palmdale, CA, Drug Charge Diversion Options
- Impact of Drug Crime Convictions on Non-U.S. Citizens
- Drug Allegation FAQs
- Get in Touch With a Drug Charges Lawyer in Palmdale, CA, Today
- All the Drug Charges Our Attorneys Defend Against
Why You Need a Drug Charges Lawyer in Palmdale, CA, NOW
If you've been accused of a drug crime in Palmdale, CA, it's a big deal, no matter what. There can be leeway in what the prosecution decides to charge you with, meaning you're risking an extended stay in jail.
The first reason you need a drug charges lawyer without hesitation is to help you interpret the law. A simple possession case shouldn't be treated the same as a possession-for-sale case, and your drug defense attorney should understand how to defend each.
The second reason to call a local Palmdale, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, you could see simple possession allegations elevated to possession-for-sale accusations. Your attorney can help you talk to police the right way, instead of incriminating yourself.
Finally, 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 can even give you a better chance of having the court dismiss charges if we can act before the state builds a compelling case.
Palmdale, CA, Drug Types and Their Penalties:
When picking a Palmdale, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, you can read about what types of drugs we most frequently defend charges for in Palmdale, CA.
| 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 drug derived from a South American plant Its use can harm the brain, as well as several other organs. |
| 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. Courts and prosecutors often treat heroin charges harshly. |
| 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, prior record, and the type of charge. 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 drug and amount 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.
- Federal charges carry their own, generally harsher, sentencing structure.
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 us for a free case review and we'll help you get an idea of what you're up against.
Marijuana in Palmdale, CA
Marijuana Description: Marijuana is a mind-altering substance derived from a plant leaf. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, allowing it in recreational circumstances.
Because it has been legalized for recreational use, marijuana (AKA cannabis) cases in Palmdale, CA, most often center around when and where it is used. 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
- Generally, adults over 21 can grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Palmdale, CA, Drug Charges Lawyer Can Help: If you're facing marijuana-related charges, your lawyer are ready for your case. For example, we can demonstrate that you had the legal right to possess marijuana, argue that you remained within legal limitations, and/or make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Palmdale, CA
The Law Offices of David S. Chesley defends a wide variety of drug charges in Palmdale, CA. We are prepared to fight against accusations including possession, sale, and special enhancements. 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
Drug possession charges are some of the most basic in Palmdale, CA. All illegal chemicals can fall under this umbrella, 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 Palmdale, CA, drug charges lawyer can help by arguing that the drugs were not actually yours, and can protect your freedom through diversionary programs, if applicable.
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. 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
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. A positive outcome in these cases is often taking a plea deal for a lesser charge. Your drug crimes defense attorney can help you negotiate a favorable deal.
Relevant statutes: 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). These charges carry longer exposure — up to nine years if the transportation crosses non-contiguous counties. With the help of an experienced Palmdale, CA, drug charges lawyer, you can fight for a plea deal that reduces these charges and opens up diversion opportunities.
Drug Charge Enhancements
California's drug charge enhancement laws cover a variety of situations, but one thing connects them together: They don't qualify on their own. In order to be charged with an enhancement, there also needs to be an underlying base charge.
It's even more important to hire an experienced Palmdale, 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 difference is that you're fighting against the federal government instead of the local Palmdale prosecutor.
These can include anything from production to transportation to taking part in a drug conspiracy, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. The penalties are often much harsher, such as a life sentence and substantial fines.
It's hard to think of many charges worse to face than this. And you need a a leading criminal defense lawyer with the resources to fight the federal prosecutor. Our office will conduct investigations, research applicable laws, review evidence, and do whatever we can to secure a favorable result for your case.
The Intersection Between Drug Charges and DUIs in Palmdale, CA
Drug cases often intersect with another type of case in Palmdale, CA: DUIs. Drug DUI defense cases cover a many different 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 up against drug DUI charges, you need more than a drug charges lawyer. You also need a skillful Palmdale, 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 cases, you need to request a hearing within ten days of your arrest.
Qualities in a Good Drug Charges Defense Lawyer
If you're looking for a drug charges lawyer in Palmdale, CA, it can feel impossible trying to decide which one 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 defending clients in your situation
- Intimate Knowledge of how the state builds its case against you
- Relationships at the courts in your jurisdiction
- A Track Record of Victories against the state for these charges
- Availability Anytime so that you can get help when you need it most
You can trust us to always be upfront with 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. The details are different for every criminal case in Palmdale, CA, and you should have a unique defense strategy to protect you.
Our attorneys treat every client as an individual. Here are some staunch 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: Most laws surrounding drugs only make it a crime if you intend to break them.
- Somone Else's Drugs: 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 law enforcement agent coerced you into violating the law, you may be exempt from a conviction.
- 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: 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 need a drug crimes defense attorney in Palmdale, CA, contact an attorney at our offices for immediate help.
Palmdale, CA, Drug Charge Diversion Options:
Palmdale has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Palmdale, CA, drug charges lawyer what you can do to increase your chances of entering one of these programs.
To qualify, defendants must meet legal guidelines. Here are a couple of programs that might apply in your case:
PC 1000 Drug Diversion
California PC 1000 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.
While this doesn't automatically keep people out of jail, it creates a choice: complete court-mandated treatment, and the underlying drug charge case is dropped (the arrest record will remain, but is sealed); fail or refuse treatment, and you face the felony charge, with a prison sentence of up to three years. 2024's Proposition 36 also increased potential penalties for large quantities of certain substances and added fentanyl to the list of drugs that trigger firearm-related enhancements.
Your Palmdale, CA, drug charges lawyer is here to help you understand the charges, advocate for that path where it's available, and stand by your side no matter which route you take.
Drug Convictions' Impact on Immigration Status
If you are not a U.S. citizen, a drug conviction can be far more damaging than the criminal penalty alone — fortunately, the Law Offices of David S. Chesley is experienced in both criminal defense and immigration law.
Most drug charge convictions are grounds for deportation, but there is one narrow exception: marijuana charges for no more than 30 grams of the substance, and only intended it for person use, not sale. This can impact 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.
Some important things to keep in mind:
- Simple possession for personal use (for most substances) is generally a deportable offense, 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 far more likely to be treated as 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 has a constitutional duty 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, decisions made early in a criminal case can matter as much as, or more than, the eventual sentence itself. If you are an immigrant fighting a drug charge, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
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 have to talk to police if I'm caught with drugs?
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 Palmdale, 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 Palmdale, 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.
