Your Virginia Legal Team

Prince William County Drug Possession Lawyer

The possession of drugs is illegal in Prince William County because Prince William County follows the State of Virginia as far as drug offenses. The Virginia state law specifically mandates certain types of penalties and that certain substances are illegal.

Generally, Virginia as a whole does not like drug possession. As a result, law enforcement is going to treat them very harshly, they are going to go after people who possess illicit drugs, and they are going to punish the person to the fullest extent of the law. As a result of this attitude toward drug possession, it is important that those accused consult with a Prince William drug possession lawyer as soon as they can. An experienced drug attorney will be able to prepare their clients for what to expect and ensure their rights are protected throughout the legal process.

Actual vs Constructive Possession

Drug possession is defined in two ways in Virginia. One is physical or actual possession of a drug. For example, it is found in somebody’s pocket, in their hands, or on their person, otherwise concealed on their body. Or a person can have what is called a constructive possession in the State of Virginia.

Constructive possession is not different from regular possession for the purposes of conviction, but it is proven a little differently. For constructive possession cases, for example, a person could be driving in his or her car and he or she does not even have to have it on their body. If it is somewhere in a person’s car, they can be charged with possession of that item even if the person physically did not have it on him or her.

There are going to be defenses for constructive possession, like knowledge of what it was and whether or not it was the person’s. So constructive possession means that the person was in possession of it through the case law of Virginia, even though the person physically was not touching it or it was not on his or her person. An experienced Prince William County drug possession attorney can work to build a defense based on the facts of the case.

Possession Arrests

A person could be found possessing illegal drugs in Prince William County if the cops come in contact with them, usually through traffic stops or stopping somebody for some other reason. Often, people are arrested for an unrelated charge and they are found with the drugs on them.

With individuals stopped for traffic offenses, if the officer smells marijuana, they have the ability to search the person’s car, so they get into the car. Usually, there is another aspect that caused the officer to stop a person and they happen to find drugs on the person. A Prince William County drug lawyer can help identify any Constitutional issues with the police stop and potentially use that in court.

Virginians should realize that law enforcement views possession as a priority. They hate possession of any drugs. They will not legalize things unless they are forced to. They really dislike it and they focus intensely on it in Prince William County. They are very harsh on people possessing any kind of illicit substances and sharing these with their friends.

What To Do During a Possession Arrest

If a person is being arrested or thinks they might be under investigation for drug possession, they should call an attorney from the very beginning. The sooner a person calls an attorney, the sooner the Prince William County drug lawyer can start mitigating the damage against the person.

Furthermore, someone being arrested should not speak to the police at all. Do not offer to allow the police to search the person’s vehicle or home. Also, do not make any statements and do not go to the police station and give any kind of statement.

It is easy to get a drug charge, so it is important to be careful. A person may not be doing anything whatsoever and get pulled over. If searched, drugs may be found on the person.

Contact Us

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.

Copyright 2020 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy