Fredericksburg County Drug Lawyer

Virginia takes drug charges seriously, and you should do the same by consulting an attorney when you are charged. Even simple possession charges carry significant penalties that can derail your future.

If you or someone you care about is facing this difficult situation, a Fredericksburg County drug lawyer, such as Karin Riley Porter of Price Benowitz, could advocate for your legal rights and work toward the best possible resolution for your criminal defense case.

Simple Drug Possession

An attorney in Fredericksburg County could help you understand how drug possession charges work. To convict you of simple possession of an unlawful controlled substance, the prosecution must prove several elements beyond a reasonable doubt. They must show that you knowingly or intentionally possessed the illegal drug, that you were aware of the drug’s nature or knew what the substance was, and that the drug was either in your physical or constructive possession. If they cannot do this, their case can be picked apart.

The law does not classify possessing a prescribed medication as a criminal offense. However, possessing a medication that qualifies as a controlled substance without a prescription is illegal.

Physical Possession

The matter of whether the drug was in your physical possession or under your control or dominion, which is constructive possession, is complicated. If an illegal drug is in your pocket, your hand, a bag you are carrying, or anywhere else on you, it is in your physical possession.

Constructive Possession

Constructive possession is more challenging to establish. If law enforcement finds the drug in question in your car or apartment, and the state can prove that you had control over it, it is under your constructive possession. Drawing a direct connection between you and the controlled substance can become more difficult under certain circumstances. Examples include having roommates, sharing or loaning out your car, or having many people come and go in your life.

The severity of a simple possession charge will hinge on the type and quantity of the drug involved.

Marijuana Possession

Since 2021, it has been legal in Virginia for those who are at least 21 years old to possess up to one ounce of marijuana for personal use. However, restrictions apply. For example, the law limits its use to the confines of private residences.

While gifting up to one ounce of marijuana to another adult is legal in the state, exchanging it for money or something else of value is not. An attorney with experience in drug charges in Fredericksburg County could help you better understand these restrictions. It is also illegal to:

• Possess more than the allowable amount
• Drive under the influence of marijuana
• Use marijuana in public
• Possess or distribute marijuana on school grounds
• Distribute or sell marijuana without proper state authorization

Additionally, it is illegal for those under the age of 21 to possess or use marijuana.

Possession With Intent To Distribute or Sell

A charge of possession with intent to distribute or sell a controlled substance is serious. It requires evidence that speaks to one’s intention to either distribute or sell the product, and this is where a Fredericksburg County controlled substance attorney could help build your defense. Common examples include possessing more of the drug than allowed for personal use, having the equipment needed to package drugs for sale, possessing the necessary packaging materials, and carrying large amounts of cash.

The court must consider every case involving intent to distribute or sell based on the specific circumstances that apply. The more evidence of someone intending to sell or distribute the controlled substance in question, the stronger the state’s case against that person will be.

What Are the Implications of a Conviction?

The penalties for even a simple possession conviction are significant, and they only get more serious from there. The public also tends to strongly disapprove of drug-related charges, which can lead to harsh social consequences. Working with a skilled drug attorney in Fredericksburg County from the start and building a strong defense is the best way to protect your future.

Contact Us in Fredericksburg County To Speak With A Drug Defense Attorney Today

Karin Riley Porter is a reputable Fredericksburg County drug lawyer dedicated to successfully defending the rights of those facing drug charges. Our firm has earned a solid reputation in the process. Contact us today to schedule a free case evaluation and learn how we could help you through this difficult moment in your life.