When someone is found in possession of a sufficiently large amount of drugs in Henrico County, they may be charged with drug distribution. Drug distribution charges are very serious and can carry significant consequences, especially if there are aggravating factors. The type of drugs possessed, the amount of drugs possessed, and the clientele to whom the drugs were sold, can all play an important role in determining the seriousness of the charges. A Henrico County drug distribution lawyer can help to defend against these charges, provide arguments against the prosecution, and hopefully either eliminate, or at least mitigate, the penalties and consequences of these charges.
Drug distribution charges are more serious than possession with intent. A distribution of a controlled substance charge will result from evidence of sales or the possession of a large amount of marijuana or another drug in addition to tools of the trade. Distribution charges will also result from the type of drug in possession, particularly cocaine, heroin, and methamphetamine.
Distribution charges are very serious, and are treated more seriously by prosecutors and law enforcement if the drugs and/or the sales are seen near a school or sales were made to minors.
In fact, cracking down on distribution is a priority for the law enforcement in Henrico County. They have made it a priority mainly because of its association with violent crimes and domestic issues. Cases that involved volume dealing and continuing criminal enterprise are also high priority for local law enforcement.
The state must first show possession of the drug and/or that actual sales of the drug in question took place. The state will typically use confidential informants or officers who conduct undercover buys. They will also use video and/or audio tapes regarding such buys. In addition, they will provide forensic evidence regarding the drug itself. An experienced Henrico County drug distribution lawyer will be able to challenge and contest this evidence and testimony, and perhaps discredit it.
The most contested issues on a distribution case revolve around how the drugs were found and how the evidence was obtained. Typically, the probable cause for a search and/or seizure of the drugs in question and if the arrest was proper are challenged. In addition, it is common to challenge if there were grounds for a proper warrant and if the warrant was served correctly.
In drug distribution cases, the primary constitutional issues raised are Fourth Amendment search and seizure issues. These result following a traffic stop when a police officer conducts a search of a vehicle and/or obtains a warrant to search a property.
In a distribution case, a person should look for an attorney that can challenge the evidence of the prosecution. They will want an aggressive attorney who can investigate the state’s case and challenge their witnesses. Also, they want a local drug distribution attorney in Henrico County, who is familiar with the local court system, prosecutors, and who will know how to negotiate these cases, so that if the state has evidence the attorney can sometimes mitigate the damage and negotiate a lesser charge and/or sentence.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.