Many states in the country have taken steps to either decriminalize the possession of certain drugs or to reform their criminal codes concerning the prosecution of this act. However, in Virginia, it is still illegal for any person to possess a street drug or a prescription medication without a doctor’s note.
It is also illegal to distribute these substances or to possess them with the intent to distribute them. A conviction for any of the offenses can result in the payment of a fine or a jail sentence. Fortunately, drug cases could still end favorably with the help of an experience defense attorney.
A New Kent drug lawyer may be able to defend your rights in court. A dedicated legal team could evaluate the strength of the prosecutor’s evidence and present defenses to juries designed to create reasonable doubt.
Virginia statutes make it a crime to have any amount of a controlled substance in one’s possession without a doctor’s note. For illegal substances, there is no justifiable reason to have them, and possession is always illegal.
According to the Code of Virginia §18.2-250, possession of even a trace amount of these substances is illegal. However, the severity of the penalty depends on the type of drug. State law separates controlled substances into one of six schedules. The identity of the substance is the main factor that determines the class of charge. These include:
It is also illegal to possess marijuana in New Kent. VA Code §18.2-250.1 states that even a first offense is a misdemeanor that can result in a fine of $500, a jail term of up to 30 days, or both. A New Kent attorney could help individuals facing accusations of illegal drug possession by building a strong defense against these allegations.
While allegations of possessing of illegal substances are serious, allegations of distributing drugs can further aggravate a drug charge. Under VA Code §18.2-248, it is always illegal for a person to sell, distribute, manufacture, or give a controlled substance to another party. In addition, it is illegal to possess these drugs with the intent to distribute them. Evidence that may lead prosecutors to believe that there was an intent to distribute include the amount of the drugs, the presence of packaging materials, or proof of customer lists.
Much like the laws that control the penalties for possession of drugs, the severity of these charges depends on the type of drug in question. A conviction for distribution of a Schedule I or II drug is a felony that carries a mandatory minimum prison sentence of five years and may rise to a life-sentence in cases involving cocaine, heroin, or other highly dangerous substances.
It is important that people facing allegations of drug distribution be prepared to present a powerful defense. A New Kent drug attorney could question the validity of a search warrant, contest the results of any chemical analysis, and even fight back against allegations of purported distribution in the absence of direct police observation.
Drug charges in New Kent come in many shapes and forms. The police could allege that a person possessed a controlled substance without a prescription, or in more serious cases, allege distribution or manufacturing schemes where a conviction can result in life imprisonment.
It is essential that defendants promote a defense that fights back against these allegations. A New Kent drug lawyer could craft a strong defense that fits your specific needs. Contact an attorney today to schedule a consultation to discuss your case.
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