A Fairfax drug conspiracy lawyer can provide legal representation if you have been accused of conspiring to commit a drug offense. Conspiracy laws have been used to prosecute people with minimal involvement in the drug trade for very serious crimes.
If you have been charged with conspiracy, you need to understand your rights and explore options for plea bargaining or defending yourself. A drug conspiracy lawyer in Fairfax can help you to create a strategic plan for responding in an informed way to the charges against you.
Virginia Code Section 18.2-256 states that anyone who conspires to commit an offense in violation of the drug control act will face the same fine or punishment that he would face if the drug offense was actually committed. If you are accused of conspiring to manufacture, distribute, or sell narcotics, you will be charged with these offenses even if you did not play an active role in making or selling drugs.
Conspiracy is defined in Virginia “an agreement between two or more persons by some concerted action to commit an offense.” (see Falden v. Commonwealth, 167 Va. 542 (1937)). To be convicted of this offense, at least one of the conspirators must have done some overt action to further the conspiracy, however small the act.
Circumstantial evidence is sufficient to prove that a conspiracy existed, and the shared goal to commit the offense can be inferred. According to Amato v. Commonwealth, 3 Va.App. 544 (1987) you can be convicted regardless of whether you know all of the details of the conspiracy, and you can be convicted even if the criminal offense is not fully completed.
Conspiracy cases can be complicated for prosecutors to prove because it may be difficult show that you actually intended to enter into an agreement to commit a drug crime. A Fairfax drug conspiracy lawyer can help try to prevent a prosecutor from meeting the burden of proving the conspiracy case against you beyond a reasonable doubt.
The penalties for drug conspiracy in Fairfax are based on whether you have any past criminal offenses, as well as based on the specific offense you are accused of conspiring to commit.
Most conspiracy cases arise from intent to distribute, intent to manufacture, intent to sell, or distributing, manufacturing, or selling drugs. Penalties for these offenses are proscribed by Virginia Code Section 18.2-248, with different consequences based on the schedule of the substance.
For conspiracy involving intent to distribute 100 grams of heroin; 500 grams of cocaine; 250 grams of a substance with a cocaine base; or 10 grams of methamphetamine, you could be imprisoned for between five and 40 years and face a $500,000 fine. Even discussing making meth with someone could get you charged if you or any of your co-conspirators take the first step towards acquiring any of the substances needed to manufacture the drug.
A Fairfax drug conspiracy lawyer can provide you with invaluable assistance in making informed choices to try to reduce the penalties that you are facing. While being found not guilty is the best outcome, there are other options available to you such as negotiating a plea bargain or trying to arrange a deal to avoid prosecution in exchange for providing information to the prosecutor. Your Fairfax drug conspiracy attorney will help you to explore all of the different options you have, and defenses you can raise, and will be there for you to negotiate with the prosecutor or present your defense.
Because different penalties apply depending upon the schedule of the substance and your criminal record, it is a good idea to speak with a Fairfax drug conspiracy lawyer about the potential defense options available to you. Your initial consultation is commitment-free and costs nothing. To learn more about how a Fairfax drug conspiracy lawyer can help you, contact an attorney today.
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