Drug Charges Lawyer in Sherman Oaks, CA. There's no such thing as a "good" drug charge to be accused of in Sherman Oaks, CA. Possession of a controlled substance is bad enough, but it's even worse if you're charged with dealing or distributing drugs. These statutes regulate substances from methamphetamine to heroin. If found guilty, you can face life-altering consequences.
Get help before it's too late. You need Sherman Oaks, CA's criminal defense attorney in your corner. You need the Law Offices of David S. Chesley.
Our local Sherman Oaks drug charges lawyers are avaialble 24/7 to help you. We will research the statute in detail, explain your best options, and stand by you in front of the judge and jury if your case reaches a trial. To start fighting the charges, call our lawyers at (800) 755-5174 or send us a note online now.
Sherman Oaks, CA, Drug Charges Lawyer: Page Summary
In this article, you can learn about the importance of having a drug defense lawyer in Sherman Oaks, CA, the types of substances considered illegal in Sherman Oaks, the qualities your attorney should have, gameplans our attorneys use against drug accusations, and the intersection between drug charges and DUIs in Sherman Oaks.
If you want to read about a particular topic, click on the appropriate link in the following menu to jump ahead and learn more:
- What Your Sherman Oaks, CA, Drug Crimes Lawyer Will Do For You
- Sherman Oaks, CA, Drug Types and Their Penalties
- Categories of Drug Charges in Sherman Oaks, CA
- How Drugs Can Affect DUI Charges in Sherman Oaks
- Top Drug Defense Attorney Qualities
- Strong Defense Strategies Our Attorneys Use in Drug Cases
- Avenues to Divert Your Drug Charges
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Get in Touch With a Drug Charges Lawyer in Sherman Oaks, CA, Today
- All the Drug Charges Our Firm Will Defend Against
Why You Need a Drug Charges Lawyer in Sherman Oaks, CA, NOW
There's no such thing as a "minor" drug charge in Sherman Oaks, CA. Two people who committed similar acts can face very different charges, meaning there's always a risk of felony consequences.
The first reason you need a drug charges lawyer right away is to explain the charges. A simple possession case shouldn't be treated the same as a drug manufacturing case, and your drug defense attorney should understand how to fight your particular charges.
The second reason to get in touch with a local Sherman Oaks, CA, drug charges lawyer as soon as you've been accused is to lower your chances of doing something you shouldn't. If you say something incorrect in an interrogation, what was once just a possession charge could now be a trafficking charge. Your attorney can stop you from experiencing self-incrimination.
Lastly, your drug charges attorney will open doors for new strategies through plea negotiations. Early intervention lets us build a defense before the prosecution has completed its case, and we can even move to dismiss charges if we act early enough.
Common Drug Types in Sherman Oaks, CA, Legal Cases:
When deciding on a Sherman Oaks, CA, drug charges lawyer, you want someone who knows how the prosecution treats different drug types. Below, we've outlined what types of drugs we most frequently defend charges for in Sherman Oaks, 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 | A man-made psychoactive drug. Use can cause both mood and psychedelic effects. |
| Cocaine | A highly addictive drug which can cause intense effects Long term use can dampen the brain's reward pathway. |
| Methamphetamine | A man-made drug that temporarily boosts energy, while harming the body. |
| Opioids | A class of drugs, including both natural and synthetic types. 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 the type of drug, how much there was, your criminal record, and whether the charge is possession, possession-for-sale, or sale/transport. 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 rarely treated as misdemeanors. They're often felonies, and the sentence can change based on the specific drug and quantity involved.
- Fentanyl carries additional exposure: 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.
There's no simple method to tell what kind of sentence you're facing based on your charges. Our drug defense attorneys can help — call us for a free case evaluation and we'll walk you through what you're actually facing.
Marijuana in Sherman Oaks, CA
Marijuana Description: Marijuana is a plant which is popularly smoked to get high. California used to outlaw the use of marijuana, however, in 2016 the state passed Proposition 64, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) accusations in Sherman Oaks, CA, most often often revolve around who was using it and whether that person was exceeding legal limits. 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 recreational purposes
- Still illegal to use or possess under federal law.
How Your Sherman Oaks, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, your lawyer will fight to defend you. For example, we can demonstrate that you had the legal right to possess marijuana, demonstrate that you did not exceed state limits, and/or show that it was properly handled at all times.
Charges a Drug Crimes Defense Lawyer Will Fight in Sherman Oaks, CA
The Law Offices of David S. Chesley are an experienced group of drug defense lawyers serving the Sherman Oaks, CA, area. We are prepared to fight against accusations including possession, sale, and special enhancements. 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 Sherman Oaks, CA, are often those related to possession. 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 Sherman Oaks, 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: Health and Safety Code 11350 covers most hard drug possession accusations, 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
These allegations are almost always considered more serious than possession. A drug crimes defense lawyer can help you negotiate a plea to a less serious offense.
Relevant statutes: The two main possession for sale charges you will see in Sherman Oaks, CA, are HS 11351 (for most substances) and HS 11378 (specifically for methamphetamine). As a straight felony, each is punishable by two, three, or four years in state prison and fines up to $20,000. 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. 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 cover a variety of situations, but one thing connects them together: They don't stand on their own. To be charged with an enhancement, there has to be another criminal accusation.
It's even more important to hire an experienced Sherman Oaks, 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. The distinction is that the U.S. government is prosecuting you, not just the Sherman Oaks district attorney.
These can include anything from trafficking to taking part in a drug conspiracy, but most often will involve large quantities and/or crossing state lines. If you're accused of this, you're up against truly severe penalties, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a a seasoned criminal defense lawyer who has the strength to match the United States government. Our firm will conduct investigations, develop a strong defense strategy, dissect the case against you, and make every effort to secure a favorable outcome for you.
Sherman Oaks, CA Drug Charges and DUIs
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a many different situations, including everything from driving while high on marijuana to driving after taking certain medications. One aspect that sets these cases apart is that 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 an expert Sherman Oaks, CA, DUI defense lawyer who fight on your behalf both in criminal court and at the DMV hearing. But you need to act fast — for most DUI cases, you need to request a hearing within ten days of your arrest.
How to Find the Right Drug Crimes Defense Attorney
When picking a drug charges lawyer in Sherman Oaks, CA, to take your case, it can feel impossible trying to decide which one to represent you. Your life may depend on it, after all.
These are the main qualities you want to find in your drug defense attorney:
- Extensive Experience fighting against these charges
- Intimate Knowledge of how the state builds its case against you
- A Track Record of Victories when fighting drug charges for clients
- Availability Anytime because emergencies don't always happen in business hours
We don't make false promises about your case, and you can get a hold of us 24/7 if you need anything from our offices.
Strong Defense Strategies Our Attorneys Use in Drug Cases
The statute you violated may not be unique, but your case is. The details are different for every criminal case in Sherman Oaks, CA, and you should have a tailored defense plan to protect you.
While we use some common base strategies, we'll build your defense out to fit your unique circumstances. Below are some staunch strategies your drug charges lawyer will consider:
- Illegal Search and Seizure: If the police searched you, your vehicle, or your dwelling without either probable cause or a warrant, that evidence can be thrown out.
- Lack of Intent: Most laws surrounding drugs only make it a crime if you intend to break them.
- 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: Some substances are illegal to possess without a valid prescription, but if you have one, that can excuse you from these charges.
- 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 Sherman Oaks, CA, call one of our attorneys today.
Sherman Oaks, CA, Drug Charge Diversion Options:
Sherman Oaks has diversion and treatment options available, which can be an excellent option if you are eligible. Ask your Sherman Oaks, 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)
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 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 Sherman Oaks, 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.
How a Drug Conviction in Sherman Oaks, CA, Affects Immigration Status
If you are a lawful permanent resident or are in Sherman Oaks, CA, on a work visa, you're facing even more serious consequences than a U.S. citizen — 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 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.
A few key distinctions matter a great deal:
- Simple possession for personal use (for most substances) is normally grounds for deportation, but is not automatically classified as an "aggravated felony" — this means that you'll have access to some important immigration relief options.
- Possession for sale, sale, or trafficking convictions are far more likely to be treated as aggravated felonies, which can trigger mandatory deportation with little to no opportunity for relief or future re-entry.
- How a charge is pleaded matters enormously. Under Padilla v. Kentucky, defense counsel has a constitutional duty to inform you about these immigration implications prior to entering your plea. We will fight for an outcome — 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 a non-citizen up against a drug case, tell your attorney immediately — this materially changes how your case should be defended.
Drug Allegation Defense Frequently Asked Questions
If I'm not found guilty, do drug charges appear on a background check?
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 a drug conviction be expunged in Sherman Oaks, 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 Sherman Oaks, 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.
