If you have been charged with possession of controlled substances, a Fairfax drug possession lawyer can help you respond to the accusations. Drug crimes are punished harshly in Virginia, and you could face a lengthy jail term depending upon the type of drug and whether you have any prior convictions. There are defenses to a charge of drug possession, and a Fairfax drug attorney can help you to decide how best to deal with the charges.
Virginia Code Section 18.2-250 defines the crime of possession of a controlled substance. It is unlawful for you to have any controlled substance under your control unless you obtained it from a doctor with a valid prescription.
You can be convicted of possession even if the drug is not directly on your person, as long as the prosecutor can prove the drug was under your dominion and control and that you were aware of the nature of the substance. Simply being in a vehicle or premises that has controlled substances in it is not sufficient to create a presumption that the drug was in your possession.
Prosecutors do frequently charge you with possession of a controlled substance if drugs are found in your vehicle or in your house, but a Fairfax drug possession lawyer can help you defend against these charges if there is no proof the drugs were yours.
Penalties for drug possession vary depending upon what “schedule” of drug you are accused of possessing. The state of Virginia divides narcotics and controlled substances into six different categories, called schedules, based upon whether the drugs have any accepted medical purpose and whether there is a strong potential for abuse and addiction. There are major difference in penalties for a Schedule I versus a Schedule VI substance:
Special rules are established for possession of marijuana in Code Section 18.2-250.1. Knowingly and intentionally possessing marijuana without a prescription can lead to a misdemeanor charge, a potential fine of $500, and up to 30 days incarceration for a first offense.
Our friendly team is standing by to conduct your initial consultation. When you call in and speak to us about the details of your case, our drug possession lawyers in Fairfax will have the information necessary to begin planning an effective defense strategy. Entrapment, illegal searches, and insufficient proof of possession are some of the arguments that could be made in a drug possession case.
Deferred prosecution is also available for some first-time offenders and your lawyer can help you to explore this approach to avoiding a criminal record. Your attorney can try to cut a deal with the prosecutor, or represent you in trial and try to introduce doubt about guilt.
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