Drug Charges Lawyer in Victorville, CA. There are a wide variety of drug laws you can be charged with breaking in Victorville, CA. It's possible for what could be a simple possession charge to be elevated into possession for sale or even trafficking. These laws regulate substances from cannabis to heroin. If found guilty, you can face life-altering consequences.
Stop these charges before it becomes a worst-case scenario. You need Victorville, CA's criminal defense lawyer in your corner. You need the Law Offices of David S. Chesley.
Our local Victorville drug charges lawyers are ready for your case today. We will listen to you explain your side of the story, explain your best options, and fight for the best deal or other outcome in your case. To begin building your defense, reach out to our lawyers at (800) 755-5174 or set up a free, confidential consultation today.
Victorville, CA, Drug Charges Lawyer: Page Summary
In this article, you can read about the importance of having a drug defense lawyer in Victorville, CA, 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 more.
To focus on a particular topic, you can use the links in the following menu to navigate to a specific topic and learn more:
- Top Reasons to Work With a Drug Crimes Defense Attorney in Victorville, CA
- Victorville, CA, Drug Types and Their Penalties
- Different Types of Drug Charges in Victorville, CA
- Intersections Between Drugs and DUIs in Victorville
- Top Drug Defense Attorney Qualities
- Types of Defenses We Build Against Drug Allegations
- Victorville, CA, Drug Charge Diversion Options
- How a Drug Conviction Can Impact Immigration Status
- Drug Crime FAQs
- Need a Drug Charges Lawyer in Victorville, CA? Call the Law Offices of David S. Chesley Today
- Every Drug Charge Our Attorneys Defend Against
Don't Waste Time: Contact a Victorville, CA, Drug Charges Lawyer RIGHT AWAY
Drug charges in Victorville, CA, always need to be taken seriously. Two people who committed similar acts can face very different charges, meaning you can always face felony consequences.
The first reason you should contact a drug charges lawyer right away is to explain the charges. A simple possession case needs a different strategy than a possession-for-sale case, and your defense attorney needs to know how to fight each.
The second reason to contact a local Victorville, CA, drug charges lawyer right away is to protect yourself from mistakes. After a police interview without proper legal representation, what was once just a possession charge could now be a trafficking charge. Your lawyer can help you talk to police the right way, instead of incriminating yourself.
On top of that, your drug charges attorney will leverage local court relationships to explore different defense avenues. Connecting with a lawyer early prevents the state from getting a lead on you, and we can even move to dismiss charges if we can act before the state builds a compelling case.
Victorville, CA, Drug Types and Their Penalties:
When deciding on a Victorville, CA, drug charges lawyer, you should go with an attorney who knows how the prosecution treats different drug types. Below, we've listed some of the most common substances that are the center of illegal drug cases in the state.
| Drug Type | Description |
|---|---|
| Prescription Drugs | Charges often revolve around having a technically legal drug without permission, or selling it to someone you aren't supposed to. |
| Ecstacy | Also known as MDMA, Molly, and E. This affects the brain's ability to process serotonin. |
| Cocaine | A highly addictive stimulant that can be either a powdered form or a solid rock (Crack) 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 | A class of drugs, including both natural and synthetic types. These include morphine, oxycodone, and heroin. |
| Heroin | A highly refined type of opioid. 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. |
Sentences vary significantly based on the type of drug, quantity, your criminal record, and the accusation you're facing. 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 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.
- If the federal government accuses you of a drug crime, the potential penalties are often more serious.
Every case is unique, and it can be hard to find answers on your own — call us for a free case evaluation and we'll help you get an idea of what you're up against.
Marijuana in Victorville, 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, letting people use it recreationally.
Since California no longer criminalizes using it, marijuana (AKA cannabis) charges in Victorville, CA, typically 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:
- Legal in limited quantities for adults 21 and older
- In most cases, it is legal to grow up to six marijuana plants for personal use
- Federal law still makes marijuana usage illegal.
How Your Victorville, CA, Drug Charges Lawyer Can Help: If you're up against marijuana-related charges, our attorneys 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 make the case that no laws were violated in the handling of the plant.
Charges a Drug Crimes Defense Lawyer Will Fight in Victorville, CA
The Law Offices of David S. Chesley is ready to defend you against drug charges in Victorville, CA. We help defendants fight against all kinds of drug crime allegations. Read the sections below to learn more about the different categories of charges and how our criminal defense attorneys can help.
Drug Possession/Use Charges
Possession charges are the first level of drug charges in Victorville, 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 Victorville, CA, drug charges lawyer can build defenses that cast doubt on whether or not the drugs were in your possession, and can protect your freedom through diversionary programs, if applicable.
Relevant statutes: If you're accused of simple possession of a hard drug, you're liking facing charges for allegedly violating 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
Accusations of drug production, transportation, and distribution take on the other side of a drug deal: The alleged 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 charges are almost always treated more harshly than possession/use charges. 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. 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. 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 cover a variety of situations, but they share one common attribute: They don't stand on their own. In order to be charged with an enhancement, you first need to face a different criminal charge.
It's even more important to hire an experienced Victorville, 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. The distinction is that you're fighting against the federal government instead of the local Victorville prosecutor.
These can include anything from trafficking to running a drug ring, but to get the attention of the federal government, it typically will involve large quantities and/or crossing state lines. Sentences are often more severe, such as a life sentence and substantial fines.
These are some of the most serious charges you can possibly face. And you need a an experienced criminal defense lawyer with the resources to match the federal prosecutor. Our office will protect your rights, look for legal loopholes, challenge evidence, and do whatever we can to secure a positive result for you.
DUIs and Drug Charges Defense in Victorville, CA
There isn't one single law that completely covers DUIs involving illegal substances. Drug DUI defense cases cover a several situations, including everything from driving while high on marijuana to prescription drug usage. One aspect that sets these cases apart is that you can be taken into custody if there is any amount of THC in your system while driving (as opposed to alcoholwhich has a legal limit).
When up against this type of charge, you don't just need a drug charges lawyer. You also need a leading Victorville, CA, DUI defense lawyer who will fight your case both in criminal court and at the DMV hearing. Don't wait to get help — for most DUI cases, if you wait longer than ten days to request a hearing, you lose your chance.
Top Victorville, CA, Drug Charges Lawyer Qualitites
If you're looking for a drug charges lawyer in Victorville, CA, it can be a challenge trying to decide which one to represent you. Your life may depend on it, after all.
Here are the top factors you want to see in your drug allegations defense attorney:
- Prior Experience defending clients in your situation
- Knowledge of how the district attorney approaches these cases
- Relationships at the courts in your local county
- A History of 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 get a hold of us 24/7 if you have any questions or concerns.
Ways Our Lawyers Defend Against Drug Charges
The statute you violated may not be unique, but your case is. Everyone in the Victorville, CA, criminal courts is there under different circumstances, and you should have a customized defense plan to protect you.
Our attorneys treat every client as an individual. 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.
- Somone Else's Drugs: This defense can be used if there were, in fact, drugs present, but you had no control or ownership over them.
- Entrapment: In rare cases, if an undercover officer coerced you into breaking a drug law, you may be exempt from a conviction.
- 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're looking for a drug charges lawyer in Victorville, CA, get in touch with an attorney at our offices for immediate help.
Victorville, CA, Drug Charge Diversion Options:
Victorville has diversion and treatment options available — be sure to ask your Victorville, CA, drug charges lawyer about whether or not they apply to your case. To qualify, defendants must fit certain criteria. Here are a couple of programs that might apply in your case:
PC 1000 Drug Diversion
California PC 1000 pretrial diversion is a pretrial diversion path for specified eligible charges and people under Penal Code §§ 1000–1000.1. The present process begins with a not-guilty plea and court-approved education or treatment conditions, rather than the former guilty-plea Deferred Entry of Judgment procedure. After satisfactory completion, a positive program recommendation and the required motion, the court dismisses the eligible charge within the statutory period. The actual order and Penal Code § 1000.4 control arrest-record effects and exceptions; enrollment alone does not promise dismissal or erase every consequence. For related context, see collateral consequences.
Proposition 36 (2024)
The 2024 Proposition 36 treatment laws created a treatment-mandated felony process in Health and Safety Code § 11395 for specified repeat possession cases. It is different from the 2000 Proposition 36 treatment law and from current PC 1000 pretrial diversion. Counsel should compare the filed offense, substance and criminal-history allegation with the specific statute before describing an available treatment path.
A 2024 Health and Safety Code § 11395 treatment-mandated felony allegation requires a qualifying current possession offense involving a listed drug and at least two prior convictions for the statutes enumerated in § 11395(c). Those priors must be alleged in the accusatory pleading and admitted in open court or found true. Two unspecified “drug convictions” do not establish eligibility or felony exposure. A person electing the treatment path pleads guilty or no contest, admits qualifying priors and has judgment deferred during an individualized court-approved program.
If you're facing this charge, you have a choice: complete court-mandated treatment, you avoid a conviction; fail or refuse treatment, and you face the felony charge, including up to three years in custody. The law also increased potential penalties for large quantities of certain substances and updated the list of drugs that trigger firearm-related enhancements to include fentanyl.
Your Victorville, CA, drug charges lawyer can help you understand whether you qualify for legal alternatives, 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 a lawful permanent resident or are in Victorville, CA, on a work visa, you might have to defend yourself against removal as well as criminal charges — you need a law firm who can help you fight the criminal charges and defend you in immigration court, if necessary.
The federal government can initiate removal proceedings for most drug convictions, with one specific exception: a single offense involving possession of 30 grams or less of marijuana for personal use. This can affect 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 the majority of drugs) is ordinarilly enough to qualify for removal, but is not automatically classified as an "aggravated felony" — a distinction that can preserve certain forms of immigration relief.
- Possession for sale, sale, or trafficking convictions are 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 to another, non-drug charge, or a disposition that avoids specific "aggravated felony" language — that may preserve a client's ability to stay in the country.
Because the conviction, regardless of the sentence, has such a big immigration impact, you need to get expert help as soon as you're aware of an investigation. If you are an immigrant facing any drug crime allegation, tell your attorney immediately — this plays a major role in your case, and your lawyer should help you on both fronts.
Drug Allegation Defense 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. The 2024 § 11395 process is not an automatic substitute for custody or a guaranteed sealed record. A person may elect the statutory treatment 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.
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 I get my record sealed after a drug conviction in Victorville, 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 Victorville, 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.
